Common use of Construction Allowance Clause in Contracts

Construction Allowance. Landlord shall provide to Tenant a construction allowance not to exceed $37.50 per rentable square foot in the Second Expansion Premises (the “Second Expansion Construction Allowance”) to be applied toward the Total Construction Costs, as adjusted for any changes to the Work. The Second Expansion Construction Allowance shall not be disbursed to Tenant in cash, but shall be applied by Landlord to the payment of the Total Construction Costs, if, as, and when the cost of the Work is actually incurred and paid by Landlord. After the final completion of the Work and a reconciliation by Landlord of the Second Expansion Construction Allowance and the Total Construction Costs and provided no default under the Lease then exists and no Event of Default has occurred, Tenant may use up to $3.00. per rentable square foot in each portion of the Second Expansion Premises of the excess Construction Allowance towards the cost of Tenant’s installation of telephone and data networks and other moving costs (collectively, the “Moving Costs”) with respect to such applicable portion of the Second Expansion Premises. Landlord will reimburse Tenant for the Moving Costs (subject to the cap described above) within 30 business days after receiving invoices therefor and supporting documentation reasonably acceptable to Landlord. The Second Expansion Construction Allowance must be used (that is, the Work must be fully complete and the Second Expansion Construction Allowance disbursed) within nine months following the latest to occur of (a) the Suite 600 Effective Date, (b) the Suite 400 Effective Date or (c) the Suite 500 Effective Date, or shall be deemed forfeited with no further obligation by Landlord with respect thereto, time being of the essence with respect thereto.

Construction Allowance. Landlord shall provide to Tenant a construction allowance not to exceed $37.50 45.00 per rentable square foot in the Second Expansion Relocation Premises (the “Second Expansion Construction Allowance”) to be applied toward the Total Construction Costs, as adjusted for any changes to the Work. The Second Expansion Construction Allowance shall not be disbursed to Tenant in cash, but shall be applied by Landlord to the payment of the Total Construction Costs, if, as, and when the cost of the Work is actually incurred and paid by Landlord. After the final completion of the Work and a reconciliation by Landlord of the Second Expansion Construction Allowance and the Total Construction Costs and provided no default under the Lease then exists and no Event of Default has occurred, which has not been cured, Tenant may use any excess Construction Allowance (up to a maximum of $3.00. 5.00 per rentable square foot in each portion of the Second Expansion Premises of the excess Construction Allowance Relocation Premises) towards the cost of Tenant’s installation of telephone and data networks in the Relocation Premises and other moving and relocation costs (collectively, the “Moving Costs”) with respect to such applicable portion of the Second Expansion Premises). Landlord will reimburse Tenant for the Moving Costs (subject to the cap described above) within 30 business days after receiving invoices therefor and supporting documentation reasonably acceptable to Landlord. The Second Expansion Construction Allowance must be used (that is, the Work must be fully complete and the Second Expansion Construction Allowance disbursed) within nine six months following the latest to occur of (a) the Suite 600 Effective Date, (b) the Suite 400 Effective Date or (c) the Suite 500 Effective Date, or shall be deemed forfeited with no further obligation by Landlord with respect thereto, time being of the essence with respect thereto.

Construction Allowance. Landlord shall provide to Tenant a construction allowance not to exceed $37.50 per rentable square foot in the Second Expansion Premises 721,805.00 (the “Second Expansion Construction Allowance”) to be applied toward the Total Construction Costs, as such costs shall be adjusted for any changes to the WorkWork or costs incurred in excess of the Space Plans (as defined below). The Second Expansion Construction Allowance shall not be disbursed to Tenant in cash, but shall be applied by Landlord to the payment of the Total Construction Costs, if, as, and when the cost of the Work is actually incurred and paid by Landlord. After , it being agreed to and understood by Landlord and Tenant that the final completion Construction Allowance shall be applied in full to the Total Construction Costs before Tenant is obligated to pay the Excess Construction Costs and that Tenant shall pay such Excess Construction Costs to Landlord thereafter within fifteen (15) days of Landlord’s billing therefor, which billing shall be conducted periodically as various components of the remaining Work are completed; provided that in all events the last installment of Excess Construction Costs shall be paid by Tenant to Landlord within five (5) days after the date on which Substantial Completion of the Work and a reconciliation occurs. Notwithstanding the foregoing to the contrary, up to $2,062.30 (i.e., $0.10 per rentable square foot in the Premises) incurred by Tenant in connection with the preparation of the Space Plans (the “Space Plans Cap”) shall be reimbursed by Landlord in addition to the Construction Allowance; provided, however, that any costs incurred in connection with the preparation of the Second Expansion Space Plans that exceeds the Space Plans Cap shall be added to the Total Construction Costs against which the Construction Allowance shall be applied. If the Total Constructions Costs do not exceed the Construction Allowance, then the difference between the Construction Allowance and the Total Construction Costs and provided no default may be utilized by Tenant, upon Tenant’s written request, as a credit against Tenant’s rental obligations under this Lease during the Lease then exists and no Event of Default has occurred, Tenant may use up to $3.00. per rentable square foot in each portion first two (2) years of the Second Expansion Premises Term of the excess Construction Allowance towards the cost of Tenant’s installation of telephone and data networks and other moving costs (collectively, the “Moving Costs”) with respect to such applicable portion of the Second Expansion Premises. Landlord will reimburse Tenant for the Moving Costs (subject to the cap described above) within 30 business days after receiving invoices therefor and supporting documentation reasonably acceptable to Landlord. The Second Expansion Construction Allowance must be used (that is, the Work must be fully complete and the Second Expansion Construction Allowance disbursed) within nine months following the latest to occur of (a) the Suite 600 Effective Date, (b) the Suite 400 Effective Date or (c) the Suite 500 Effective Date, or shall be deemed forfeited with no further obligation by Landlord with respect thereto, time being of the essence with respect theretoLease.

Construction Allowance. Landlord shall provide to Tenant a construction allowance not to exceed $37.50 25.00 per rentable square foot in the Second Expansion Premises (the “Second Expansion Construction Allowance”) to be applied toward the Total Construction Costs, as adjusted for any changes to the Work. , The Second Expansion Construction Allowance shall not be disbursed to Tenant in cash, but shall be applied by Landlord to the payment of the Total Construction Costs, if, as, and when the cost of the Work is actually incurred and paid by Landlord. After the final completion of the Work and a reconciliation by Landlord of the Second Expansion Construction Allowance and the Total Construction Costs and provided no default under the this Lease then exists and no Event of Default has occurred, Tenant may use any excess Construction Allowance (up to a maximum of $3.00. 5.00 per rentable square foot in each portion of the Second Expansion Premises of the excess Construction Allowance Premises) towards the cost of (a) Tenant’s installation of telephone and data networks and other moving costs (collectively, the “Moving Costs”) with respect to such applicable portion and/or (b) Tenant’s Basic Rent obligations under this Lease by so notifying Landlord in writing of the Second Expansion PremisesTenant’s election. Landlord will reimburse Tenant for the Moving Costs (subject to the cap described above) within 30 business days after receiving invoices therefor and supporting documentation reasonably acceptable to Landlord. Following Landlord’s receipt of Tenant’s election to apply the unused portion of the Construction Allowance towards Tenant’s Basic Rent obligations (subject to the cap described above), Landlord shall apply such excess toward Tenant’s Basic Rent obligation first accruing after such date until such excess is fully exhausted. The Second Expansion Construction Allowance must be used (that is, the Work must be fully complete and the Second Expansion Construction Allowance disbursed) within nine six months following the latest to occur of (a) the Suite 600 Effective Date, (b) the Suite 400 Effective Commencement Date or (c) the Suite 500 Effective Date, or shall be deemed forfeited with no further obligation by Landlord with respect thereto, time being of the essence with respect thereto.

Construction Allowance. Landlord shall provide to Tenant a construction allowance not to exceed $37.50 per rentable square foot in the Second Expansion Suite 800 Premises (the “Second Expansion Suite 800 Construction Allowance”) to be applied toward the Total Construction Costs, as adjusted for any changes to the Work. The Second Expansion Suite 800 Construction Allowance shall not be disbursed to Tenant in cash, but shall be applied by Landlord to the payment of the Total Construction Costs, if, as, and when the cost of the Work is actually incurred and paid by Landlord. After the final completion of the Work and a reconciliation by Landlord of the Second Expansion Suite 800 Construction Allowance and the Total Construction Costs and provided no default under the Lease then exists and no Event of Default has occurred, Tenant may use up a portion (not to exceed $3.00. 2.50 per rentable square foot in each portion the Suite 800 Premises) of the Second Expansion Premises of the any excess Suite 800 Construction Allowance towards the cost of Tenant’s installation of telephone and data networks and other moving costs (collectively, the “Moving Costs”) with respect to such applicable portion of the Second Expansion Suite 800 Premises. Landlord will reimburse Tenant for the Moving Costs (subject to the cap described above) within 30 business days after receiving invoices therefor and supporting documentation reasonably acceptable to Landlord. The Second Expansion Should Tenant timely exercise its expansion option with respect to the Suite 900 Premises as provided in Section 12 of this Amendment, Tenant shall be permitted to apply leftover portions of the Suite 800 Construction Allowance towards the cost of the work to be performed to the Suite 900 Premises (in addition to the construction allowance provided with respect to the Suite 900 Premises), in which case the construction allowance with respect to the Suite 900 Premises and any leftover portions of the Suite 800 Construction Allowance must be used (that is, the Work work in the Suite 900 Premises must be fully complete and both the Second Expansion construction allowance for the Suite 900 Premises and any leftover portions of the Suite 800 Construction Allowance disbursed) within nine months following the latest to occur of (a) the Suite 600 Effective Date, (b) the Suite 400 Effective Date or (c) the Suite 500 900 Effective Date, or shall be deemed forfeited with no further obligation by Landlord with respect thereto, time being of the essence with respect thereto. Should Tenant fail to timely exercise its expansion option with respect to the Suite 900 Premises as provided in Section 12 of this Amendment, the Suite 800 Construction Allowance must be used (that is, the Work must be fully complete and the Suite 800 Construction Allowance disbursed) by December 1, 2016, or shall be deemed forfeited with no further obligation by Landlord with respect thereto, time being of the essence with respect thereto.

Construction Allowance. (a) Landlord shall provide to Tenant a construction allowance not to exceed $37.50 135.00 per rentable square foot in the Second Expansion Relocation Premises (the “Second Expansion Construction Allowance”) to be applied toward the Total Construction Costs, as adjusted for any changes to the Tenant Work. The Second Expansion If the Total Construction Costs are estimated to exceed the Construction Allowance by more than $5.00 per rentable square foot of the Relocation Premises, then no advance of the Construction Allowance shall not be disbursed made by Landlord until Tenant has first paid to the contractor from its own funds (and provided reasonable evidence thereof to Landlord) the anticipated amount by which the projected Total Construction Costs exceed the amount of the Construction Allowance. Thereafter, Landlord shall pay to Tenant (or at Tenant’s request directly to Tenant’s general contractor) the Construction Allowance in cash, multiple disbursements (but shall be applied by Landlord to not more than once in any calendar month) following the payment of the Total Construction Costs, if, as, and when the cost of the Work is actually incurred and paid by Landlord. After the final completion of the Work and a reconciliation receipt by Landlord of the Second Expansion Construction Allowance following items: (i) a request for payment and sworn statements of Tenant and contractor, (ii) final or partial lien waivers, as the Total Construction Costs case may be, from all persons performing work or supplying or fabricating materials for the Tenant Work, fully executed, acknowledged and provided no default under in recordable form, which waivers may be conditioned upon receipt of payment, (iii) the Lease then exists and no Event of Default Architect’s certification that the Tenant Work for which reimbursement has occurredbeen requested has been finally completed, Tenant may use up including (with respect to $3.00. per rentable square foot in each portion of the Second Expansion Premises of last application for payment only) any punch-list items, on the excess Construction Allowance towards the cost of Tenant’s installation of telephone and data networks and other moving costs appropriate AIA form or another form approved by Landlord, and, (collectively, the “Moving Costs”iv) with respect to the disbursement of the last 10% of the Construction Allowance, (1) the permanent certificate of occupancy issued for the Relocation Premises, if required by applicable law, (2) the record drawing in CAD format, PDF format and hard copy required by Section 5 above, and (3) an estoppel certificate confirming such factual matters as Landlord or Landlord’s Mortgagee may reasonably request (collectively, a “Completed Application for Payment”). Landlord shall pay the amount requested in the applicable Completed Application for Payment to Tenant within 30 days following Tenant’s submission of the Completed Application for Payment. If, however, the Completed Application for Payment is incomplete or incorrect, Landlord shall promptly notify Tenant of the same and Landlord’s payment of such request shall be deferred until 30 days following Landlord’s receipt of the corrected Completed Application for Payment. Notwithstanding anything to the contrary contained in this Exhibit, Landlord shall not be obligated to make any disbursement of the Construction Allowance during the pendency of any of the following: (1) Landlord has received written notice of any unpaid claims relating to any portion of the Second Expansion Tenant Work or materials in connection therewith covered by previously funded applications for payment, (2) there is an unbonded lien outstanding against the Building or the Relocation Premises or Tenant’s interest therein by reason of work done, or claimed to have been done, or materials supplied or specifically fabricated, claimed to have been supplied or specifically fabricated, to or for Tenant or the Relocation Premises. Landlord will reimburse Tenant for , (3) the Moving Costs (subject conditions to the cap described above) within 30 business days after receiving invoices therefor and supporting documentation reasonably acceptable to Landlord. The Second Expansion advance of the Construction Allowance must be used (that isare not satisfied, the Work must be fully complete and the Second Expansion Construction Allowance disbursed) within nine months following the latest to occur of (a) the Suite 600 Effective Date, (b) the Suite 400 Effective Date or (c4) Tenant is in Default under the Suite 500 Effective Date, or shall be deemed forfeited with no further obligation by Landlord with respect thereto, time being of the essence with respect theretoLease.

Construction Allowance. Landlord shall provide to Tenant a construction allowance not to exceed $37.50 50.00 per rentable square foot contained in the Second Expansion Premises (the “Second Expansion Construction Allowance”) to be applied toward the Total Construction Costs, as adjusted for any changes to the WorkImprovements. The Second Expansion Except as otherwise set forth herein, the Construction Allowance shall not be disbursed to Tenant in cash, but shall be applied by Landlord to the payment of the Total Construction Costs, if, as, and when the cost of the Work Improvements is actually incurred and paid by Landlord. After Notwithstanding the final completion foregoing, at Tenant’s election, a portion of the Work and a reconciliation by Landlord Construction Allowance remaining after payment of the Second Expansion Construction Allowance and cost of the Total Construction Costs and provided no default under the Lease then exists and no Event of Default has occurred, Tenant may use up Improvements (not to exceed $3.00. 5.00 per rentable square foot contained in each the Premises) may be disbursed by Landlord to Tenant for the following items and costs (collectively the “Allowance Items”): (a) costs incurred in connection with the purchase and/or installation of furniture, fixtures and equipment in the Premises, and (b) moving expenses incurred by Tenant in connection with its move into the Premises. The portion of the Second Expansion Premises Construction Allowance that may be used for the items described in this paragraph is referred to herein as the “Discretionary Allowance.” Landlord shall make disbursements of the excess Construction Discretionary Allowance towards to Tenant for the cost of Tenant’s installation of telephone Allowance Items as follows: Subsequent to the Lease Commencement Date and data networks and other moving costs continuing until the Allowance Deadline (collectivelyas hereinafter defined), the “Moving Costs”) with respect to such applicable Tenant may make one single request from Landlord for that portion of the Second Expansion Premises. Landlord will reimburse Discretionary Allowance to which Tenant for the Moving Costs (subject is entitled by delivering a written request therefor to the cap described above) within 30 business days after receiving Landlord, which request shall include copies of invoices therefor paid or to be paid by Tenant and supporting documentation with executed mechanic’s liens in a form reasonably acceptable to Landlord, when applicable, from any contractors, subcontractors, suppliers, materialmen and/or vendors. Within forty-five (45) days thereafter, Landlord shall deliver a check to Tenant made payable to Tenant, in the amount of the Discretionary Allowance so requested; provided, however, in no event shall Landlord be required to make more than one disbursement of the Discretionary Allowance. The Second Expansion Construction Allowance must be used (that is, the Work Improvements must be fully complete and the Second Expansion Construction Allowance disbursed(including the portion consisting of the Discretionary Allowance) within nine requested by Tenant, if not already applied by Landlord to the Total Construction Costs) on or before the date that is two (2) months following after Substantial Completion (the latest to occur of (a) the Suite 600 Effective Date, (b) the Suite 400 Effective Date or (c) the Suite 500 Effective Date“Allowance Deadline”), or such Construction Allowance or remaining portion thereof shall be deemed forfeited with no further obligation by Landlord with respect thereto, time being of the essence with respect thereto.

Construction Allowance. Landlord shall provide to Tenant a construction allowance not to exceed $37.50 38.00 per rentable square foot in the Second Expansion Premises (the “Second Expansion Construction Allowance”"CONSTRUCTION ALLOWANCE") to be applied toward the Total Construction Costs, as adjusted for any changes to the Work. The Second Expansion ; provided, however, not more than $3.00 per rentable square foot of the Construction Allowance shall not be disbursed to Tenant in cash, but shall be applied by Landlord to the payment architectural and engineering design portion of the Total Construction Costs, if, as, and when the cost of the Work is actually incurred and paid by Landlord. After the final completion of the Work and a reconciliation by Landlord of the Second Expansion The Construction Allowance and the Total Construction Costs and provided no default under the Lease then exists and no Event of Default has occurred, Tenant may use be increased by up to $3.00. 5.00 per rentable square foot in each the Premises (the "CONSTRUCTION ALLOWANCE INCREASE") at Tenant's written request to Landlord, which Construction Allowance Increase shall be amortized monthly over the remainder of the initial Term at an annual interest rate of ten percent (10%) and such amortized amounts shall be paid monthly over the remainder of the initial Term together with the Monthly Basic Rent. Upon either party's request, the parties shall execute an amendment to this Lease reflecting such amortized monthly payments required to be paid by Tenant over the remainder of the initial Term. No advance of the Construction Allowance shall be made by Landlord until Tenant has first paid to the contractor from its own funds (and provided reasonable evidence thereof to Landlord) the anticipated amount by which the projected Total Construction Costs exceed the amount of the Construction Allowance. Thereafter, Landlord shall pay to Tenant the Construction Allowance in multiple disbursements (but not more than once in any calendar month) following the receipt by Landlord of the following items: (a) a request for payment; (b) final or partial lien waivers, as the case may be, from all persons performing work or supplying or fabricating materials for the Work, fully executed, acknowledged and in recordable form; and (c) the Architect's certification that the Work for which reimbursement has been requested has been finally completed, including (with respect to the last application for payment only) any punchlist items, on the appropriate AIA form or another form approved by Landlord, and, with respect to the disbursement of the last 10% of the Construction Allowance: (1) the temporary certificate of occupancy issued for the Premises; (2) Tenant's occupancy of the Premises; (3) delivery of the architectural "as-built" plan for the Work as constructed (as set forth above) to Landlord's construction representative (set forth below); and (4) an estoppel certificate confirming such factual matters as Landlord or Landlord's Mortgagee may reasonably request (collectively, a "COMPLETED APPLICATION FOR PAYMENT"). Landlord shall pay the amount requested in the applicable Completed Application for Payment to Tenant within thirty (30) days following Tenant's submission of the Completed Application for Payment. If, however, the Completed Application for Payment is incomplete or incorrect, Landlord's payment of such request shall be deferred until thirty (30) days following Landlord's receipt of the Completed Application for Payment. Notwithstanding anything to the contrary contained in this Exhibit, Landlord shall not be obligated to make any disbursement of the Construction Allowance during the pendency of any of the following: (A) Landlord has received written notice of any unpaid claims relating to any portion of the Second Expansion Work or materials in connection therewith, other than claims which will be paid in full from such disbursement; (B) there is an unbonded lien outstanding against the Building or the Premises or Tenant's interest therein by reason of work done, or claimed to have been done, or materials supplied or specifically fabricated, claimed to have been supplied or specifically fabricated, to or for Tenant or the Premises; (C) the conditions to the advance of the excess Construction Allowance towards the cost are not satisfied; or (D) an Event of Tenant’s installation of telephone and data networks and other moving costs (collectively, the “Moving Costs”) with respect to such applicable portion of the Second Expansion Premises. Landlord will reimburse Default by Tenant for the Moving Costs (subject to the cap described above) within 30 business days after receiving invoices therefor and supporting documentation reasonably acceptable to Landlordexists. The Second Expansion Construction Allowance must be used (that is, the Work must be fully complete and the Second Expansion Construction Allowance disbursed) within nine six (6) months following the latest to occur of (a) the Suite 600 Effective Date, (b) the Suite 400 Effective Commencement Date or (c) the Suite 500 Effective Date, or shall be deemed forfeited with no further obligation by Landlord with respect thereto, time being of the essence with respect thereto.