Common use of Allowance Clause in Contracts

Allowance. Amount; Reimbursable Costs & Payment. Allowance means an amount up to a maximum of Four Hundred Seventy-Nine Thousand and 00/100 Dollars ($479,000.00) to reimburse Tenant for the actual costs of design, engineering, plan review, obtaining all approvals and permits, and construction of Tenant Work in the Premises (including the Construction Monitoring Fee), and shall be payable as provided below. In no event shall the Allowance be used to reimburse Tenant for Tenant’s FF&E (as such term is defined herein). For purposes of this Amendment, “Tenant’s FF&E” shall mean Tenant’s furniture, furnishings, telephone systems, computer systems, equipment, any other personal property or fixtures, and installation thereof, including without limitation, "Tenant’s Personal Property" described on Exhibit “G” to the Original Lease. The Allowance shall be paid to Tenant within thirty (30) days after the later of final completion of the Tenant Work and Landlord's receipt of (i) a certificate of completion prepared by Tenant’s Architect, (ii) final as-built plans and specifications pursuant to this Amendment, (iii) full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant with respect to the Tenant Work. Tenant must prior to the date that is thirty-six (36) months from the Execution Date of this Amendment submit written application with the items required above for disbursement or reimbursement for any reimbursable costs out of the Allowance, and to the extent of any funds for which application has not been made prior to that date or if and to the extent that the reimbursable costs of the Tenant Work are less than the amount of the Allowance, then any balance remaining thereafter shall be retained by Landlord as its sole property and Landlord shall have no obligation or liability to Tenant with respect to such excess.

Appears in 1 contract

Samples: Lease (Genomic Health Inc)

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Allowance. Amount; Reimbursable Costs & Payment. Allowance means an Landlord agrees to provide Tenant a tenant improvement allowance in the amount up to a maximum of Four Seven Hundred SeventyNinety-Nine three Thousand and 00/100 Five Hundred Twenty Dollars ($479,000.00793,520) to reimburse Tenant (the "Allowance") for the actual costs construction of design, engineering, plan review, obtaining all approvals and permitsthe Tenant Improvements. The Allowance shall be applied by Tenant against the Tenant Improvements Costs incurred in the construction of the Tenant Improvements which have been approved by the Landlord in Tenant's proposed budget pursuant to subparagraph (b) above, and construction of Tenant Work in the Premises (including the Construction Monitoring Fee), and shall be payable as provided provisions for disbursement set forth below. In no event shall any portion of the Allowance be used for any purpose other than the approved costs in the budget for the Tenant Improvements Costs. Any and all costs in excess of the Allowance required to reimburse Tenant for Tenant’s FF&E (as such term is defined herein). For purposes of this Amendment, “Tenant’s FF&E” shall mean Tenant’s furniture, furnishings, telephone systems, computer systems, equipment, any other personal property or fixtures, and installation thereof, including without limitation, "Tenant’s Personal Property" described on Exhibit “G” to complete the Original Lease. The Allowance shall be paid to Tenant within thirty (30) days after the later of final completion construction of the Tenant Work Improvements in accordance with subparagraph (b) above shall be the sole and exclusive obligation and responsibility of Tenant. On or before the fifth (5th) calendar day of every month, Tenant shall submit to Landlord for its review and approval AIA Form No. G702 and No. G703 invoices (or comparable invoices acceptable to Landlord) for work performed and materials furnished to the Premises in connection with the construction of the Tenant Improvements ("Payment Request"). Each Payment Request shall be accompanied by a certification signed by the Tenant's receipt general contractor and the Tenant's architect showing that the work reflected in such Payment Request was performed in accordance with the approved Working Plans and the terms of (i) a certificate of completion prepared by Tenant’s Architectall approved construction contracts; and the total costs to construct the Tenant Improvements, (ii) final as-built plans and specifications pursuant to this Amendment, (iii) full, final, unconditional lien releasesincluding change orders, and (iv) reasonable substantiation of the amount expended for such items to date and the estimated costs incurred to complete the Tenant Improvements. In addition, each Payment Request shall be accompanied by Tenant lien release waivers from all contractors, subcontractors and materialmen to be paid through such Payment Request and, with respect to completed work, final lien release waivers, all in form and content acceptable to Landlord. Within ten (10) business days after Landlord's approval of each such Payment Request, Landlord shall cause to be disbursed to Tenant's general contractor an amount equal to ninety percent (90%) of such approved Payment Request times the Tenant Work. Tenant must prior ratio which the total Allowance bears to the date that is thirty-six total construction cost set forth in the certifications by Tenant's general contractor and architects. Landlord shall cause to be disbursed the ten percent (3610%) months from retention amount, up to the Execution Date of this Amendment submit written application with the items required above for disbursement or reimbursement for any reimbursable costs out limit of the Allowance, upon the issuance of an unqualified Certificate of Occupancy for the Premises and to the extent of any funds for which application has not been made prior to that date or if and to the extent that the reimbursable costs expiration of the period in which liens may be filed against the Premises by any contractor, subcontractor or materialmen furnishing goods or services thereto in connection with the Tenant Work are less than the amount of the Allowance, then any balance remaining thereafter shall be retained by Landlord as its sole property and Landlord shall have no obligation or liability to Tenant with respect to such excessImprovements.

Appears in 1 contract

Samples: Lease (Seagate Software Inc)

Allowance. Amount; Reimbursable Costs & Payment. The Allowance means an amount up to a maximum of Four Hundred Seventy-Nine Thousand and 00/100 Dollars ($479,000.00) to reimburse Tenant may be used only for the actual hard costs and Eligible Soft Costs (as hereinafter defined) of design, engineering, plan review, obtaining all approvals and permits, and construction of Tenant the Tenant’s Work in pursuant to the Premises (including the Construction Monitoring Fee), approved plans and specifications. “Eligible Soft Costs” shall be payable as deemed to be costs and expenses incurred by Tenant which are directly and primarily related to the Tenant’s Work and which relate solely to the work of any architect, space planner, engineer, or similar construction professional or which are direct payments made to applicable authorities for permitting and license fees; provided, however, that in no event shall the Eligible Soft Costs exceed fifteen percent (15%) of the total Allowance or be used for services provided belowin connection with the negotiation of the Lease. For the avoidance of doubt, Eligible Soft Costs shall expressly exclude any financing costs, attorneys’ fees, or other costs and expenses not expressly permitted hereunder. In no event shall will the Allowance be used to reimburse Tenant pay for Tenant’s FF&E (as such term is defined herein). For purposes of this Amendment, “Tenant’s FF&E” shall mean Tenant’s moving or storage expenses or furniture, furnishings, telephone systems, computer systemsracking, equipment, cabling, telephone systems or any other item of personal property or fixtures, and installation thereof, including without limitation, "Tenant’s Personal Property" described on Exhibit “G” which is not intended to be permanently affixed to the Original LeasePremises. The Payment of the Allowance shall be paid made by Landlord to Tenant within thirty (30) days after following the later of final last to occur of: (i) completion of the Tenant Work and Landlord's receipt of (i) a certificate of completion prepared by Tenant’s ArchitectWork, (ii) final as-built plans and specifications pursuant to this AmendmentLandlord’s receipt of EXHIBIT B Tenant’s invoice substantiating the costs related thereto, (iii) full, final, unconditional Landlord’s receipt of final lien releaseswaivers from all contractors and subcontractors who performed the Tenant’s Work, and (iv) reasonable substantiation Landlord’s receipt of costs incurred a copy of the final permit approved by Tenant with respect to the Tenant Work. Tenant must prior to the date that is thirty-six (36) months from the Execution Date of this Amendment submit written application with the items required above for disbursement or reimbursement applicable governing authority for any reimbursable costs out work which requires the same. Landlord shall be under no obligation to pay for any of the Tenant’s Work in excess of the Allowance. Further, the Allowance shall only be available for Tenant’s use for work performed and to submitted for reimbursement in accordance with the extent terms of any funds for which application has not been made this exhibit on or prior to that date or if December 31, 2018, at which time Tenant hereby waives any and all rights to the extent that the reimbursable costs of the Tenant Work are less than the amount any unused portion of the Allowance, then any balance remaining thereafter shall be retained by Landlord as its sole property and Landlord shall have no obligation or liability to Tenant with respect to such excess.

Appears in 1 contract

Samples: Third Amendment (Aehr Test Systems)

Allowance. Amount; Reimbursable Costs & Payment. The Allowance means an amount up to a maximum of Four Hundred Seventy-Nine Thousand and 00/100 Dollars ($479,000.00) to reimburse Tenant may be used only for the actual hard costs and Eligible Soft Costs (as hereinafter defined) of design, engineering, plan review, obtaining all approvals and permits, and construction of Tenant the Tenant’s Work in pursuant to the Premises (including the Construction Monitoring Fee), approved plans and specifications. “Eligible Soft Costs” shall be payable as deemed to be costs and expenses incurred by Tenant which are directly and primarily related to the Tenant’s Work and which relate solely to the work of any architect, space planner, engineer, or similar construction professional or which are direct payments made to applicable authorities for permitting and license fees; provided, however, that in no event shall the Eligible Soft Costs exceed fifteen percent (15%) of the total Allowance or be used for services provided belowin connection with the negotiation of the Lease. For the avoidance of doubt, Eligible Soft Costs shall expressly exclude any financing, attorney, or other costs and expenses not expressly permitted hereunder. In no event shall will the Allowance be used to reimburse Tenant pay for Tenant’s FF&E (as such term is defined herein). For purposes of this Amendment, “Tenant’s FF&E” shall mean Tenant’s moving or storage expenses or furniture, furnishings, telephone systems, computer systemsracking, equipment, cabling, telephone systems or any other item of personal property or fixtures, and installation thereof, including without limitation, "Tenant’s Personal Property" described on Exhibit “G” which is not intended to be permanently affixed to the Original LeasePremises. The Payment of the Allowance shall be paid made by Landlord to Tenant within thirty (30) days after following the later of final last to occur of: (i) completion of the Tenant Work and Landlord's receipt of (i) a certificate of completion prepared by Tenant’s ArchitectWork, (ii) final as-built plans and specifications pursuant to this AmendmentLandlord’s receipt of Tenant’s invoice substantiating the costs related thereto, (iii) full, final, unconditional Landlord’s receipt of final lien releaseswaivers from all contractors and subcontractors who performed the Tenant’s Work, and (iv) reasonable substantiation Landlord’s receipt of costs incurred a copy of the final closed-out permit approved by the applicable governing authority for any work which requires the same. Landlord shall be under no obligation to pay for any of the Tenant’s Work in excess of the Allowance. Further, the Allowance shall only be available for Tenant’s use for work performed and submitted for reimbursement in accordance with the terms of this exhibit from the Extension Term Commencement Date through December 31, 2016, at which time Tenant with respect hereby waives any and all rights to any unused portion of the Allowance; provided, however, that Landlord agrees to permit Tenant, upon Tenant’s written request, to commence any portion of the Tenant’s Work related solely to the Tenant Work. Tenant must HVAC system servicing the existing server area located within the Premises prior to the date that is thirty-six (36) months from the Execution Date of this Amendment submit written application with the items required above for disbursement or reimbursement for any reimbursable costs out of the Allowance, and to the extent of any funds for which application has not been made prior to that date or if and to the extent that the reimbursable costs of the Tenant Work are less than the amount of the Allowance, then any balance remaining thereafter shall be retained by Landlord as its sole property and Landlord shall have no obligation or liability to Tenant with respect to such excess.Extension Term Commencement Date. EXHIBIT B

Appears in 1 contract

Samples: Intrusion Inc

Allowance. Amount; Reimbursable Costs & Payment. Allowance means an amount up Tenant shall be entitled to a maximum one-time tenant improvement allowance (the "Allowance") in the amount of Four Hundred Seventy-Nine Thousand $8,000,000.00 to be applied toward the Allowance Items (defined in Section 1.2 below). Tenant shall be entitled to utilize the Allowance from and 00/100 Dollars ($479,000.00) to reimburse after the date of full execution and delivery of the Agreement. Tenant shall be responsible for all costs associated with the actual Tenant Improvement Work, including the costs of designthe Allowance Items, engineeringto the extent such costs exceed the lesser of (a) the Allowance, plan reviewor (b) the aggregate amount that Landlord is required to disburse for such purpose pursuant to this Work Letter. Notwithstanding any contrary provision of this Agreement, obtaining all approvals and permits, and construction of Tenant Work in the Premises event that Tenant fails to use the entire Allowance by May 31, 2028 (including the Construction Monitoring Fee"Allowance Deadline"), and shall be payable as provided below. In no event shall the Allowance be used to reimburse Tenant for Tenant’s FF&E (as such date may be extended due to any Landlord Delays or Force Majeure Delays, the unused amount shall revert to Landlord and Tenant shall have no further rights with respect thereto. As used herein, the term is defined herein). For purposes "Landlord Delays" means (i) the failure of Landlord to timely approve or disapprove any matter requiring Landlord's approval relating to this Amendment, “Tenant’s FF&E” shall mean Tenant’s furniture, furnishings, telephone systems, computer systems, equipment, any other personal property Work Letter; or fixtures, (ii) unreasonable (when judged in accordance with industry custom and installation thereof, including without limitation, "Tenant’s Personal Property" described on Exhibit “G” to practice) interference by Landlord with the Original Lease. The Allowance shall be paid to Tenant within thirty (30) days after the later of final substantial completion of the Tenant Improvement Work and Landlord's receipt of (i) a certificate of completion prepared by Tenant’s Architect, (ii) final as-built plans and specifications pursuant to this Amendment, (iii) full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant with respect to which objectively precludes or delays the Tenant Work. Tenant must prior to the date that is thirty-six (36) months from the Execution Date of this Amendment submit written application with the items required above for disbursement or reimbursement for any reimbursable costs out of the Allowance, and to the extent of any funds for which application has not been made prior to that date or if and to the extent that the reimbursable costs construction of the Tenant Improvement Work are less than beyond the amount Allowance Deadline. As used herein, the term "Force Majeure Delays" means strikes, lock-outs, labor troubles, inability to procure materials, failure of power, governmental moratorium or other governmental action or inaction (including failure, refusal or delay in issuing permits, approvals or authorizations), injunction or court order, riots, insurrection, war, fire, earthquake, flood or other natural disaster or other reason of a like nature not the fault of Tenant in performing the Tenant Improvement Work. In the event of a Landlord Delay or Force Majeure Delay, then the Allowance Deadline shall be extended for a period equivalent to the period of such delay so long as Tenant delivers written notice to Landlord describing the Landlord Delay or Force Majeure Delay, as applicable, within ten (10) business days after the occurrence of the Allowance, then any balance remaining thereafter shall be retained by Landlord as its sole property and Landlord shall have no obligation or liability to Tenant with respect to such excessevent.

Appears in 1 contract

Samples: Eleventh Amendment (Nutanix, Inc.)

Allowance. Amount; Reimbursable Costs & Payment. Allowance means an amount up to a maximum of Four Hundred Seventy-Nine One Thousand Eight Hundred Sixty and 00/100 Dollars ($479,000.00471,860.00) to reimburse Tenant for the actual costs of design, engineering, plan review, obtaining all approvals and permits, and construction of Tenant Work in the Premises (including the Construction Monitoring Fee), and shall be payable as provided below. In no event shall the Allowance be used to reimburse Tenant for Tenant’s FF&E (as such term is defined herein). For purposes of this Amendment, “Tenant’s FF&E” shall mean Tenant’s furniture, furnishings, telephone systems, computer systems, equipment, any other personal property or fixtures, and installation thereof, including without limitation, "Tenant’s Personal Property" described on Exhibit “G” to the Original Lease. The Allowance shall be paid to Tenant within thirty (30) days after the later of final completion of the Tenant Work and Landlord's receipt of (i) a certificate of completion prepared by Tenant’s Architect, (ii) final as-built plans and specifications pursuant to this Amendment, (iii) full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant with respect to the Tenant Work. Tenant must prior to the date that is thirty-six (36) months from the Execution Date of this Amendment submit written application with the items required above for disbursement or reimbursement for any reimbursable costs out of the Allowance, and to the extent of any funds for which application has not been made prior to that date or if and to the extent that the reimbursable costs of the Tenant Work are less than the amount of the Allowance, then any balance remaining thereafter shall be retained by Landlord as its sole property and Landlord shall have no obligation or liability to Tenant with respect to such excess.

Appears in 1 contract

Samples: To Lease (Genomic Health Inc)

Allowance. Amount; Reimbursable Costs & Payment. Allowance means an amount up to a maximum of Four Hundred Seventy-Nine Thousand and 00/100 Dollars ($479,000.00) to Landlord shall reimburse Tenant for all or some portion of the actual costs of design, engineering, plan review, obtaining all approvals and permits, and construction of Tenant Work Project Costs through an allowance (the "ALLOWANCE") in the Premises (including amount of $8.50 per rentable square foot of each of the Construction Monitoring Fee), and shall be payable as provided below. In no event shall two portions of the Allowance be used to reimburse Tenant for Tenant’s FF&E (as such term is defined herein). For purposes of this Amendment, “Tenant’s FF&E” shall mean Tenant’s furniture, furnishings, telephone systems, computer systems, equipment, any other personal property or fixtures, and installation thereof, including without limitation, "Tenant’s Personal Property" described on Exhibit “G” to the Original LeaseExpansion Space. The Allowance shall be paid payable separately with respect to Expansion Space #1 and Expansion Space #2 in accordance with this Section 3.d. Provided that no default then exists with respect to Tenant's obligation to pay Rent and Tenant is then lawfully in occupancy of the applicable portion of the Expansion Space in the routine conduct of its business, Landlord shall pay to Tenant a sum in the amount of the lower of the $8.50 per rentable square foot of the applicable portion of the Expansion Space Allowance or the actual Project Costs for such portion of the Expansion Space within thirty (30) 10 business days after the later last to occur of final completion the following: (i) Landlord's receipt of the Substantial Completion Certificate for such portion of the Expansion Space; and (ii) Landlord's receipt of full lien waivers for all of the Tenant Work and Landlord's receipt for such portion of (i) a certificate of completion prepared by Tenant’s Architect, (ii) final as-built plans and specifications pursuant to this Amendment, (iii) full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant with respect to the Tenant WorkExpansion Space. Tenant must prior to the date that is thirty-six (36) months from the Execution Date of this Amendment submit written application with the items required above shall be solely responsible for disbursement or reimbursement all Project Costs for any reimbursable costs out such portion of the Allowance, and to the extent of any funds for which application has not been made prior to that date or if and to the extent that the reimbursable costs Expansion Space in excess of the Tenant Work are less than the amount portion of the Allowance, then any balance remaining thereafter shall be retained by Landlord as its sole property and Landlord shall have no obligation or liability to Tenant Allowance payable with respect to such excessportion of the Expansion Space. Project Costs shall not include, and the Allowance shall not be payable with respect to, any overhead or other "internal" costs or expenses of Tenant, any costs or expenses which are not actually paid to third parties unaffiliated with Tenant, or any costs of purchasing, leasing, and/or installing any equipment or other personal property which will not become part of the Premises and the property of Landlord upon installation in the Expansion Space. The $8.50 per rentable square foot maximum shall apply collectively to both of Expansion Space #1 and Expansion Space #2, so that if Project Costs for one portion of the Expansion Space do not equal $8.50 per rentable square foot, but Project Costs for the other portion exceed $8.50 per rentable square foot, Tenant shall be entitled to be reimbursed for more than $8.50 per rentable square foot of Project Costs for the second portion of the Expansion Space, provided that the maximum amount of the Allowance shall remain the lesser of $216,903 or total actual Project Costs for the entire Expansion Space.

Appears in 1 contract

Samples: Lease Agreement (Ditech Corp)

Allowance. Amount; Reimbursable Costs & Payment. Allowance means an amount up to a maximum of Four Six Hundred Seventy-Nine One Thousand Six Hundred Sixteen and 00/100 Dollars ($479,000.00671,616.00) to reimburse Tenant for the actual costs of design, engineering, plan review, obtaining all approvals and permits, and construction of Tenant Work in the Premises (including the Construction Monitoring Fee), and shall be payable as provided below. In no event shall the Allowance be used to reimburse Tenant for Tenant’s FF&E (as such term is defined herein). For purposes of this Amendment, “Tenant’s FF&E” shall mean Tenant’s furniture, furnishings, telephone systems, computer systems, equipment, any other personal property or fixtures, and installation thereof, including without limitation, "Tenant’s Personal Property" described on Exhibit “G” to the Original Existing Lease. The Allowance shall be paid to Tenant within thirty (30) days after the later of final completion of the Tenant Work and Landlord's receipt of (i) a certificate of completion prepared by Tenant’s Architect, (ii) final as-built plans and specifications pursuant to this Amendment, (iii) full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant with respect to the Tenant Work. Tenant must prior to the date that is thirty-six (36) months from the Execution Date of this Amendment submit written application with the items required above for disbursement or reimbursement for any reimbursable costs out of the Allowance, and to the extent of any funds for which application has not been made prior to that date or if and to the extent that the reimbursable costs of the Tenant Work are less than the amount of the Allowance, then any balance remaining thereafter shall be retained by Landlord as its sole property and Landlord shall have no obligation or liability to Tenant with respect to such excess.

Appears in 1 contract

Samples: Lease (Genomic Health Inc)

Allowance. Amount; Reimbursable Costs & Payment. Allowance means an amount up to a maximum of Four Hundred SeventyOne Million Thirty-Nine Eighty Thousand Ninety-Two and 00/100 Dollars ($479,000.001,038,092.00) to reimburse Tenant for the actual costs of design, engineering, plan review, obtaining all approvals and permits, and construction of Tenant Work in the Premises (including the Construction Monitoring Fee), and shall be payable as provided below. In no event shall the Allowance be used to reimburse Tenant for Tenant’s FF&E (as such term is defined herein). For purposes of this Amendment, “Tenant’s FF&E” shall mean Tenant’s furniture, furnishings, telephone systems, computer systems, equipment, any other personal property or fixtures, and installation thereof, including without limitation, "Tenant’s Personal Property" described on Exhibit “G” to the Original Lease. The Allowance shall be paid to Tenant within thirty (30) days after the later of final completion of the Tenant Work and Landlord's receipt of (i) a certificate of completion prepared by Tenant’s Architect, (ii) final as-built plans and specifications pursuant to this Amendment, (iii) full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant with respect to the Tenant Work. Tenant must prior to the date that is thirty-six (36) months from the Execution Date of this Amendment submit written application with the items required above for disbursement or reimbursement for any reimbursable costs out of the Allowance, and to the extent of any funds for which application has not been made prior to that date or if and to the extent that the reimbursable costs of the Tenant Work are less than the amount of the Allowance, then any balance remaining thereafter shall be retained by Landlord as its sole property and Landlord shall have no obligation or liability to Tenant with respect to such excess.

Appears in 1 contract

Samples: Lease (Genomic Health Inc)

Allowance. Amount; Reimbursable Costs & Payment. Allowance means Landlord shall provide Tenant with an amount additional leasehold improvement allowance of up to a maximum of Four Hundred Seventy-Nine Thousand $600,000 (the “Allowance”). The Allowance may only be used for leasehold improvements in and 00/100 Dollars ($479,000.00) to reimburse Tenant for the actual costs of designPremises, engineering, plan review, obtaining all approvals and permits, and construction of Tenant Work in the Premises (including the Construction Monitoring Fee), and which improvements shall be payable as provided belowconsistent in quality and type with those leasehold improvements already in place. In no event shall the Allowance be used to reimburse Tenant for Tenant’s FF&E (as such term is defined herein). For purposes of this Amendment, “Tenant’s FF&E” shall mean Tenant’s furniture, furnishings, telephone systems, computer systemstrade fixtures, equipment, any furnishings or other removable personal property of Tenant. Any leasehold improvements constructed by Tenant in the Premises shall be constructed pursuant to plans and specifications approved by Landlord and by a general contractor approved by Landlord, which approval shall not be unreasonably withheld, conditioned or fixturesdelayed and shall otherwise be constructed in accordance with the provisions of Sections 9 and 10 of the Lease. All construction shall be done at Tenant’s expense (provided that Tenant shall be reimbursed for the Allowance as set forth herein), in a good and workmanlike manner, and installation thereofshall comply at the time of completion with all Laws and Requirements. Tenant shall deliver to Landlord copies of all certificates of occupancy, including without limitation, "permits and licenses required to be issued by any authority in connection with Tenant’s Personal Property" described on Exhibit “G” to construction. Draws against the Original Lease. The Allowance shall be paid disbursed to Tenant within by Landlord promptly (and in no event later than thirty (30) days calendar days) after the later submittal by Tenant to Landlord of final completion evidence of the Tenant Work costs and Landlord's receipt expenses of (i) a certificate the leasehold improvements, evidence of completion prepared payment thereof by Tenant’s Architect, (ii) final as-built plans and specifications pursuant to this Amendment, (iii) full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant with respect lien waivers from all persons supplying labor or materials to the Tenant Workleasehold improvements. Tenant must prior The Allowance may be disbursed in periodic draws, but no more frequently than monthly. If the costs and expenses of the leasehold improvements in and to the date that Premises exceed the Allowance, Tenant shall be solely responsible for payment of any excess. In the event the budget for the leasehold improvements is thirty-six (36) months from the Execution Date of this Amendment submit written application with the items required above for disbursement or reimbursement for any reimbursable costs out estimated by Landlord and Tenant to exceed 125% of the Allowance, and Tenant will either (i) directly pay (without recourse to the extent of any funds for which application has not been made prior to Allowance), and provide Landlord lien waivers for, that date or if and to the extent that the reimbursable costs portion of the Tenant Work are less than construction costs sufficient to bring the remainder of the budgeted costs within the Allowance, or (ii) deposit the amount in excess of the Allowance with Landlord to be disbursed by Landlord after the full disbursement of the Allowance, then to insure that all construction is completed lien free (any balance remaining thereafter shall excess Tenant funds will be retained by Landlord as its sole property and Landlord shall have no obligation or liability returned to Tenant with respect to such excessupon completion of the project and full payment of the project costs).

Appears in 1 contract

Samples: Lease (Ev3 Inc.)

Allowance. Amount; Reimbursable Costs & Payment. Allowance means an amount up to a maximum of Four Two Hundred SeventyThirty-Nine Eight Thousand Eight Hundred and 00/100 Dollars ($479,000.00238,800.00) to reimburse Tenant for the actual costs of design, engineering, plan review, obtaining all approvals and permits, and construction of Tenant Work in the Premises (including the Construction Monitoring Fee), and shall be payable as provided below. In no event shall the Allowance be used to reimburse Tenant for Tenant’s FF&E (as such term is defined herein). For purposes of this Amendment, “Tenant’s FF&E” shall mean Tenant’s furniture, furnishings, telephone systems, computer systems, equipment, any other personal property or fixtures, and installation thereof, including without limitation, "Tenant’s Personal Property" described on Exhibit “G” to the Original Lease. The Allowance shall be paid to Tenant within thirty (30) days after the later of final completion of the Tenant Work and Landlord's receipt of (i) a certificate of completion prepared by Tenant’s Architect, (ii) final as-built plans and specifications pursuant to this Amendment, (iii) full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant with respect to the Tenant Work. Tenant must prior to the date that is thirty-six (36) months from the Execution Date of this Amendment submit written application with the items required above for disbursement or reimbursement for any reimbursable costs out of the Allowance, and to the extent of any funds for which application has not been made prior to that date or if and to the extent that the reimbursable costs of the Tenant Work are less than the amount of the Allowance, then any balance remaining thereafter shall be retained by Landlord as its sole property and Landlord shall have no obligation or liability to Tenant with respect to such excess.

Appears in 1 contract

Samples: To Lease (Genomic Health Inc)

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Allowance. Amount; Reimbursable Costs & Payment. The Allowance means an amount up to a maximum of Four Hundred Seventy-Nine Thousand and 00/100 Dollars ($479,000.00) to reimburse Tenant may be used only for the actual hard costs and Eligible Soft Costs (as hereinafter defined) of design, engineering, plan review, obtaining all approvals and permits, and construction of Tenant the Tenant’s Work in pursuant to the Premises (including the Construction Monitoring Fee), approved plans and specifications. “Eligible Soft Costs” shall be payable as deemed to be costs and expenses incurred by Tenant which are directly and primarily related to the Tenant’s Work and which relate solely to the work of any architect, space planner, engineer, or similar construction professional or which are direct payments made to applicable authorities for permitting and license fees: provided, however, that in no event shall the Eligible Soft Costs exceed fifteen percent (15%) of the total Allowance or be used for services provided belowin connection with the negotiation of the Lease. For the avoidance of doubt, Eligible Soft Costs shall expressly exclude any financing costs, attorneys’ fees, or other costs and expenses not expressly permitted hereunder. In no event shall will the Allowance be used to reimburse Tenant pay for Tenant’s FF&E (as such term is defined herein). For purposes of this Amendment, “Tenant’s FF&E” shall mean Tenant’s moving or storage expenses or furniture, furnishings, telephone systems, computer systemsracking, equipment, cabling, telephone systems or any other item of personal property or fixtures, and installation thereof, including without limitation, "Tenant’s Personal Property" described on Exhibit “G” properly which is not intended to be permanently affixed to the Original LeasePremises. The Payment of the Allowance shall be paid made by Landlord to Tenant within thirty (30) days after following the later of final last to occur of: (i) completion of the Tenant Work and Landlord's receipt of (i) a certificate of completion prepared by Tenant’s ArchitectWork, (ii) final as-built plans and specifications pursuant to this AmendmentLandlord’s receipt of Tenant’s invoice substantiating the costs related thereto, (iii) full, final, unconditional Landlord’s receipt of final lien releaseswaivers from all contractors and subcontractors who performed the Tenant’s Work, and (iv) reasonable substantiation Landlord’s receipt of costs incurred a copy of the final permit approved by Tenant with respect to the Tenant Work. Tenant must prior to the date that is thirty-six (36) months from the Execution Date of this Amendment submit written application with the items required above for disbursement or reimbursement applicable governing authority for any reimbursable costs out work which requires the same. Landlord shall be under no obligation to pay for any of the Tenant’s Work in excess of the Allowance. Further, the Allowance shall only be available for Tenant’s use for work performed and submitted for reimbursement in accordance with the terms of this Exhibit on or before November 30, 2016, after which date Tenant hereby waives any and all rights to the extent of any funds for which application has not been made prior to that date or if and to the extent that the reimbursable costs of the Tenant Work are less than the amount unused portion of the Allowance, then any balance remaining thereafter shall be retained by Landlord as its sole property and Landlord shall have no obligation or liability to Tenant with respect to such excess.. EXHIBIT C

Appears in 1 contract

Samples: Lease Agreement (Wireless Telecom Group Inc)

Allowance. Amount; Reimbursable Costs & Payment. The Allowance means an amount up to a maximum of Four Hundred Seventy-Nine Thousand and 00/100 Dollars ($479,000.00) to reimburse Tenant may be used only for the actual hard costs and Eligible Soft Costs (as hereinafter defined) of design, engineering, plan review, obtaining all approvals and permits, and construction of Tenant Tenant’s Work in pursuant to the Premises (including the Construction Monitoring Fee), approved plans and specifications. “Eligible Soft Costs” shall be payable as deemed to be costs and expenses incurred by Tenant which are directly and primarily related to Tenant’s Work and which related solely to the work of any architect, space planner, engineer, or similar construction professional or which are direct payments made to applicable authorities for permitting and license fees; provided, however, that in no event shall the Eligible Soft Costs exceed fifteen percent (15%) of the total Allowance or be used for services provided belowin connection with the negotiation of the Lease. For the avoidance of doubt, Eligible Soft Costs shall expressly exclude any financing costs, attorneys’ fees, or other costs and expenses not expressly permitted hereunder. In no event shall will the Allowance be used to reimburse Tenant pay for Tenant’s FF&E (as such term is defined herein). For purposes any costs that are not Eligible Soft Costs or hard costs of this Amendmentreal property improvements or alterations, “Tenant’s FF&E” shall mean Tenant’s including, without limitation, moving or storage expenses or furniture, furnishings, telephone systems, computer systemsracking, equipment, cabling, telephone systems or any other item of personal property or fixtures, and installation thereof, including without limitation, "Tenant’s Personal Property" described on Exhibit “G” which is not intended to be permanently affixed to the Original LeasePremises. The Payment of the Allowance shall be paid made by Landlord to Tenant within thirty (30) days after following the later of final completion of the Tenant Work and Landlord's receipt of last to occur of: (i) a certificate completion of completion prepared by Tenant’s ArchitectWork, (ii) final as-built plans and specifications pursuant to this AmendmentLandlord’s receipt of Tenant’s invoice substantiating the costs related thereto, (iii) full, final, unconditional Landlord’s receipt of final lien releaseswaivers from all contractors and subcontractors who performed Tenant’s Work, and (iv) reasonable substantiation Landlord’s receipt of costs incurred a copy of the final permit approved by Tenant with respect to the Tenant Work. Tenant must prior to the date that is thirty-six (36) months from the Execution Date of this Amendment submit written application with the items required above for disbursement or reimbursement applicable governing authority for any reimbursable costs out work which requires the same. Landlord shall be under no obligation to pay for any of Tenant’s Work in excess of the Allowance. Further, the Allowance shall only be available for Tenant’s use for work performed and submitted to Landlord for reimbursement in accordance with the extent terms of this subsection (c) on or before December 31, 2014, at which time Tenant hereby waives any funds for which application has not been made prior and all rights to that date or if and to the extent that the reimbursable costs of the Tenant Work are less than the amount any unused portion of the Allowance, then any balance remaining thereafter shall be retained by Landlord as its sole property and Landlord shall have no obligation or liability to Tenant with respect to such excess.. EXHIBIT B Office HVAC Units HVAC Unit Type Unit # Make Model Serial Number Tonage Package Xxxx 0000-00 Xxxxxxx X/X X/X 0 Package Unit HP-2 Carrier 50QQ036 PAC 3 Package Xxxx XX-0 Xxxxx XXX000X000XX E26106429 5 Package Xxxx XX-0 Xxxxx XXX000X000XX E1604455 4 Package Xxxx XX-0 Xxxxxxx X/X X/X 0 Package Unit HP-60 Carrier N/A N/A 5

Appears in 1 contract

Samples: Lease (Natural Alternatives International Inc)

Allowance. Amount; Reimbursable Costs & Payment(a) As stated above, all Work shall be done at Tenant’s expense, including building permit fees, other fees, architectural and engineering expenses and other expenses relating to Tenant’s Work. However, Landlord shall provide Tenant with an allowance of $35.00 per rentable square foot in the Leased Premises, totaling to $325,745.00 (the “Allowance”). Tenant understands that if the cost of Tenant’s Work, including without limitation any changes in Tenant’s Work, exceeds the Allowance, then Tenant shall be solely responsible for all such costs in excess of the Allowance. The Allowance means shall be paid to Tenant following receipt of the following documentation (i) full and final waivers of liens from the general contractor and the subcontractors retained by Tenant in an amount up equal to the portion of the Allowance to be disbursed, (ii) completion certificates from Tenant, the general contractor and Tenant’s architect, (c) a maximum sworn contractor’s affidavit from the general contractor, and (d) a request to disburse from Tenant containing an approval by Tenant of Four Hundred Seventy-Nine Thousand the work done, receipted bills covering all labor and 00/100 Dollars ($479,000.00) to reimburse materials expended and used in connection with the improvements. If Tenant has not previously paid the general contractor for the actual costs cost of designthe improvements, engineeringLandlord, plan reviewat its option, obtaining may pay the Allowance directly to the order of the general contractor that performed the improvements or to the joint order of the general contractor and all approvals and permitsincluded subcontractors. Notwithstanding anything herein to the contrary, Landlord shall not be obligated to disburse any portion of the Allowance during the continuance of an uncured default under this Lease, and construction Landlord’s obligation to disburse shall only resume when and if such default is cured. The Allowance may only be used for the cost of Tenant Work in labor, material and contractor’s fees for the Premises (including improvements to the Construction Monitoring Fee)Leased Premises, and shall be payable as provided belowthe cost of preparing plans and drawings in connection therewith. In no event shall the Allowance be used to reimburse Tenant for Tenant’s FF&E (as such term is defined herein). For purposes the purchase of this Amendment, “Tenant’s FF&E” shall mean Tenant’s furniture, furnishings, telephone systems, computer systems, equipment, any furniture and other items of personal property or fixturesof Tenant. In the event Tenant has not presented proper documentation evidencing the use of the entire Allowance by February 28, and installation thereof2005, including without limitation, "Tenant’s Personal Property" described on Exhibit “G” any unused amount shall accrue to the Original Lease. The Allowance sole benefit of Landlord, it being understood that Tenant shall not be paid entitled to Tenant within thirty (30) days after the later of final completion of the Tenant Work and Landlord's receipt of (i) a certificate of completion prepared by Tenant’s Architectany credit, (ii) final as-built plans and specifications pursuant to this Amendment, (iii) full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant with respect to the Tenant Work. Tenant must prior to the date that is thirty-six (36) months from the Execution Date of this Amendment submit written application with the items required above for disbursement abatement or reimbursement for any reimbursable costs out of the Allowance, and to the extent of any funds for which application has not been made prior to that date or if and to the extent that the reimbursable costs of the Tenant Work are less than the amount of the Allowance, then any balance remaining thereafter shall be retained by Landlord as its sole property and Landlord shall have no obligation or liability to Tenant with respect to such excessother concession in connection therewith.

Appears in 1 contract

Samples: Office Lease Agreement (Heartland Payment Systems Inc)

Allowance. Amount; Reimbursable Costs & Payment6. Allowance means an amount up The Tenant hereby accepts the Leased Premises “As Is” on the date that the Landlord delivers the Leased Premises to the Tenant and acknowledges and agrees the Landlord shall have no obligation to construct any tenant improvements to the Leased Premises or make any alterations or additions thereto, except that the Landlord agrees to provide the Tenant a maximum buildout allowance of Four Hundred Seventy-Nine Thousand and 00/100 Dollars ($479,000.00) to reimburse Tenant for 83.50 per square foot of Rentable Area of the actual costs of design, engineering, plan review, obtaining all approvals and permits, and construction of Tenant Work in the Leased Premises (including the Construction Monitoring Fee“Allowance”), and shall be payable as provided below. In no event shall the Allowance be used to reimburse Tenant for Tenant’s FF&E (as such term is defined herein). For purposes of this Amendment, “Tenant’s FF&E” shall mean Tenant’s furniture, furnishings, telephone systems, computer systems, equipment, any other personal property or fixtures, and installation thereof, including without limitation, "Tenant’s Personal Property" described on Exhibit “G” to the Original Lease. The Allowance shall be paid inclusive of all costs of all design, special consultants, engineers and project management fees, permits and Tenant signage. The Allowance for the initial Leased Premises shall be available to Tenant for the purpose of paying Tenant’s actual expenses incurred in connection with the planning, design and construction of the Leasehold Improvements, voice or data cabling costs, and security costs, as of the Effective Date and shall be available through December 31, 2015. Up to $20.00 per square foot of Rentable Area of the Leased Premises of any unused Allowance (the “Discretionary Portion of the Allowance”) may be used toward moving costs, furniture, communications (e.g., voice data cabling, phone switch, and the like) or any other cost incurred in connection with this Lease or if Tenant elects, may be applied as a credit against Rent. Landlord will reimburse Tenant for such out-of-pocket costs within thirty (30) days after the later of final completion Landlord’s receipt of the Tenant Work documentation and Landlord's receipt of (i) a certificate of completion prepared by Tenant’s Architect, (ii) final as-built plans and specifications pursuant to this Amendment, (iii) full, final, unconditional lien releasesinformation required under, and (iv) reasonable substantiation in accordance with the procedure and timing under, Section 10 below. If Tenant fails to use the entirety of costs incurred by Tenant with respect the Allowance attributable to the Tenant Workinitial Leasehold Improvements to the Leased Premises, as set forth above, by December 31, 2015, then any remaining balance of the Allowance (not to exceed the Discretionary Portion of the Allowance) shall automatically be used and applied to the first Rent as and when due under this Lease thereafter. Tenant must prior notify Landlord by December 15, 2015 as to how any remaining balance of the date that Allowance is thirty-six (36) months from the Execution Date of this Amendment submit written application to be applied in accordance with the items required above foregoing provisions. The Allowance shall be used to pay for disbursement Tenant’s cost and expenses as described below, to be applied below the existing semi-finished ceiling in the Premises (i.e. Tenant shall not be charged for such semi-finished ceiling or reimbursement any other existing improvements already installed by Landlord or for any reimbursable Building standard materials located or stacked on the floor ready for use by Tenant at its option). Such Allowance shall be inclusive of all costs out and expenses of construction of the AllowancePremises, including all design fees and to the extent of any funds for which application has not been made prior to that date or if and to construction management fees. To the extent that the reimbursable construction costs exceed the allowance, Tenant shall pay the excess directly to the vendor after the Allowance has been exhausted. The Tenant shall be responsible for all costs of the Tenant Work are less than Leasehold Improvements, including the amount of construction costs and other costs related thereto, exceeding the Allowance, then any balance remaining thereafter shall be retained by Landlord as its sole property and Landlord shall have no obligation or liability to Tenant with respect to such excess.

Appears in 1 contract

Samples: Lease Agreement (Carters Inc)

Allowance. Amount; Reimbursable Costs & Payment. Allowance means an amount up to a maximum of Four Hundred Seventy-Nine Thousand and 00/100 Dollars ($479,000.00) to reimburse Tenant for the actual costs of design, engineering, plan review, obtaining all approvals and permits, and construction of Tenant Work in the Premises (including the Construction Monitoring Fee), and shall be payable as provided below. In no event shall the Allowance be used to reimburse Tenant for Tenant’s 's FF&E (as such term is defined herein). For purposes of this Amendment, "Tenant’s 's FF&E" shall mean Tenant’s 's furniture, furnishings, telephone systems, computer systems, equipment, any other personal property or fixtures, and installation thereof, including without limitation, "Tenant’s 's Personal Property" described on Exhibit "G" to the Original Lease. The Allowance shall be paid to Tenant within thirty (30) days after the later of final completion of the Tenant Work and Landlord's receipt of (i) a certificate of completion prepared by Tenant’s 's Architect, (ii) final as-built plans and specifications pursuant to this Amendment, (iii) full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant with respect to the Tenant Work. Tenant must prior to the date that is thirty-six (36) months from the Execution Date of this Amendment submit written application with the items required above for disbursement or reimbursement for any reimbursable costs out of the Allowance, and to the extent of any funds for which application has not been made prior to that date or if and to the extent that the reimbursable costs of the Tenant Work are less than the amount of the Allowance, then any balance remaining thereafter shall be retained by Landlord as its sole property and Landlord shall have no obligation or liability to Tenant with respect to such excess.

Appears in 1 contract

Samples: Lease (Exact Sciences Corp)

Allowance. Amount; Reimbursable Costs & Payment. Allowance means At and after the date of the Lease, Landlord shall provide Tenant with an allowance in the amount up to a maximum of Four Million One Hundred Seventy-Nine Ten Thousand and 00/100 Dollars ($479,000.004,110,000) to reimburse Tenant for the actual costs of design, engineering, plan review, obtaining all approvals and permits, and construction of Tenant Work in the Premises (including the Construction Monitoring Fee), and shall be payable as provided below. In no event shall the Allowance be used by Tenant as Tenant shall in its discretion determine in connection with its construction, fixturing, equipping and occupancy of the Premises, limited to reimburse Tenant for moving related expenses and fees and expenses of Tenant’s FF&E ('s Space Planner as such term is defined herein). For purposes set forth in Paragraph 30.A. of this Amendment, “Tenant’s FF&E” shall mean Tenant’s furniture, furnishings, telephone systems, computer systems, equipment, any other personal property or fixtures, the Lease and the purchase and installation thereof, including without limitation, of those items described Schedule 3 to this Work Letter (the "Tenant’s Personal Property" described on Exhibit “G” to the Original LeaseALLOWANCE"). The Allowance shall be in addition to all of the Landlord's Work to be performed by Landlord and all other sums due or obligations of Landlord under the Lease or the Work Letter. At Tenant's sole discretion (i) the Allowance shall be applied against the cost of any Extra Work, upon delivery of invoices, contractor sworn statements and lien waivers or (ii) the Allowance shall be paid out to Tenant from time to time within forty-five (45) days of Tenant's notice requesting such payment; provided, however, that upon written notice from Landlord to Tenant within ten (10) days of Tenant's notice, Landlord may elect to defer payment of the Allowance to a date not later than the anticipated date on which Landlord would be entitled to payment of the Allowance from the Construction Loan for the Building. The foregoing right to defer the payment of the allowance amount relating to the telephone switch shall be on the condition that Landlord shall be responsible for any price increases in such telephone switch unless prior to the expiration of Tenant's forty-five day notice, Landlord shall deliver to Tenant an unconditional irrevocable letter of credit, in an amount equal to the cancellation charge which Tenant shall 133 be required to pay to the vendor of the telephone switch if the order for such telephone switch is cancelled by Tenaxx xxxm a bank reasonably acceptable to Tenant, and with an expiration date thirty (30) days after the later of final completion of the Tenant Work and Landlord's receipt of (i) a certificate of completion prepared by Tenant’s Architect, (ii) final as-built plans and specifications pursuant to this Amendment, (iii) full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant with respect to the Tenant Workanticipated deferred payment date. Tenant must prior shall be entitled to the date that is thirty-six (36) months from the Execution Date designate which items of this Amendment submit written application such equipment and installation shall be paid for with the items required above for disbursement Allowance in whole or reimbursement for any reimbursable costs out of the Allowance, and to the extent of any funds for which application has not been made prior to that date or if and to in part. To the extent that the reimbursable costs of Allowance is utilized along with funds provided by Tenant to purchase equipment or items which are not leasehold improvements the Tenant Work are less than the amount of the Allowance, then ownership rights to any balance remaining thereafter such items shall be retained by reasonably allocated between Landlord and Tenant based on respective contributions; and the Landlord and Tenant shall to the extent practicable attempt to avoid common ownership and identify such specific items as its sole property and Landlord shall have no obligation or liability to Tenant with respect to such excessbeing owned separately.

Appears in 1 contract

Samples: Collateral Agreement (Universal Access Inc)

Allowance. Amount; Reimbursable Costs & Payment. Allowance means an amount up to a maximum of Four One Million Fifty-Three Thousand Eight Hundred Seventy-Nine Thousand and 00/100 Dollars ($479,000.001,053,800.00) to reimburse Tenant for the actual costs of design, engineering, plan review, obtaining all approvals and permits, and construction of Tenant Work in the Premises (including the Construction Monitoring Fee), and shall be payable as provided below. In no event shall the Allowance be used to reimburse Tenant for Tenant’s 's FF&E (as such term is defined herein). For purposes of this Amendment, "Tenant’s 's FF&E” shall mean Tenant’s 's furniture, furnishings, telephone systems, computer systems, equipment, any other personal property or fixtures, and installation thereof, including without limitation, "Tenant’s 's Personal Property" described on Exhibit "G" to the Original Lease. The Allowance shall be paid to Tenant within thirty (30) days after the later of final completion of the Tenant Work and Landlord's receipt of (i) a certificate of completion prepared by Tenant’s 's Architect, (ii) final as-built plans and specifications pursuant to this Amendment, (iii) full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant with respect to the Tenant Work. Tenant must prior to the date that is thirty-six (36) months from the Execution Date of this Amendment submit written application with the items required above for disbursement or reimbursement for any reimbursable costs out of the Allowance, and to the extent of any funds for which application has not been made prior to that date or if and to the extent that the reimbursable costs of the Tenant Work are less than the amount of the Allowance, then any balance remaining thereafter shall be retained by Landlord as its sole property and Landlord shall have no obligation or liability to Tenant with respect to such excess.

Appears in 1 contract

Samples: Lease (Exact Sciences Corp)

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