Disbursement of the Allowance. Except as otherwise provided in this Work Letter, the Allowance shall be disbursed by Landlord only for the following items (the “Allowance Items”): (a) the fees of the Architect (defined in Section 2.1 below) and the Engineers (defined in Section 2.1 below); (b) plan-check, permit and license fees relating to performance of the Tenant Improvement Work; (c) the cost of performing the Tenant Improvement Work, including after hours charges, testing and inspection costs, freight elevator usage, hoisting and trash removal costs, and contractors’ fees and general conditions; (d) the cost of any change to the base, shell or core of the Premises or Building required by the Plans (defined in Section 2.1 below) (including if such change is due to the fact that such work is prepared on an unoccupied basis), including all direct architectural and/or engineering fees and expenses incurred in connection therewith; (e) the cost of any change to the Plans or Tenant Improvement Work required by Law; (f) the Landlord Supervision Fee (defined in Section 3.3.2 below); (g) sales and use taxes; and (h) all other costs expended by Landlord in connection with the performance of the Tenant Improvement Work (including, without limitation, any costs associated with a Revision). Exhibit B
Disbursement of the Allowance. Provided Tenant is not in default following the giving of notice and passage of any applicable cure period under the Lease or this Work Letter, Landlord shall disburse the Allowance to Tenant to reimburse Tenant for the actual construction costs which Tenant incurs in connection with the construction of the Tenant Improvements in accordance with the following:
Disbursement of the Allowance. During the design and construction of the Improvements, Tenant may request and Landlord shall make monthly disbursements of the Allowance and the Space Planning Allowance for the Allowance Items for the benefit of Tenant and shall authorize the release of monies for the benefit of Tenant as follows:
Disbursement of the Allowance. Except as otherwise provided in this Work Letter, the Allowance shall be disbursed by Landlord only for the following items (the “Allowance Items”): (a) the fees of the Architect (defined in Section 2.1 below) and the Engineers, and any fees reasonably incurred by Landlord for review of the Plans (defined in Section 2.1 below) by Landlord’s third party consultants; (b) plan-check, permit and license fees relating to performance of the Tenant Improvement Work; (c) the cost of performing the Tenant Improvement Work, including after-hours charges, testing and inspection costs, and trash removal costs, and contractors’ fees and general conditions; (d) the cost of any change to the base, shell or core of the Premises or Building required by the Plans (including if such change is due to the fact that such work is prepared on an unoccupied basis), including all direct architectural and/or engineering fees and expenses incurred in connection therewith; (e) the cost of any change to the Plans or Tenant Improvement Work required by Law; (f) the Landlord Supervision Fee (defined in Section 3.2.2 below); (g) sales and use taxes; (h) project management fees and the fees of any other consultant retained by Tenant in connection with the Tenant Improvement Work, (i) the cost of purchasing and installing furniture, fixtures and equipment in the Premises; (j) the cost of purchasing and installing telecommunications and data cabling in the Premises, and (k) all other costs expended by Landlord in connection with the performance of the Tenant Improvement Work. Notwithstanding the foregoing, in no event may Tenant apply more than a total of $238,572.00 (i.e. $18.00 per rentable square foot of the Premises) toward the costs described in (a), (h), (i) and (j) above.
Disbursement of the Allowance. Provided Tenant is not in default following the giving of notice and passage of any applicable cure period under the Lease or this Work Letter, Landlord shall disburse the Allowance to Tenant to reimburse Tenant for the actual construction costs which Tenant incurs in connection with the construction of the Tenant Improvements on a monthly basis as to the portion of the Tenant’s Work completed and for which Evidence of Completion and Payment has been received by Landlord. The appropriate portion of the Allowance shall be disbursed to Tenant only within fifteen (15) days after the satisfaction of the following conditions to disbursement (the “Evidence of Completion and Payment”):
Disbursement of the Allowance. During the construction of the Improvements, Tenant may request and Landlord shall make monthly disbursements of the Allowance for the Allowance Items for the benefit of Tenant and shall authorize the release of monies for the benefit of Tenant as follows:
Disbursement of the Allowance. (a) Landlord shall disburse the Allowance to Tenant from time to time upon written request by Tenant, which request shall be accompanied by (i) copies of all receipts, invoices, and bills for the work completed and materials furnished in connection with the Tenant Improvements or the related soft costs which are the subject of the requested disbursement or disbursements, (ii) copies of all contracts, work orders, change orders and other materials relating to the work or materials or soft costs which are the subject of the requested disbursement or disbursements, (iii) with respect to disbursements of the Allowance to cover costs other than soft costs, conditional lien waivers from the suppliers of labor or materials furnished in connection with the Tenant Improvements which are the subject of the requested disbursement or disbursements, (iv) if applicable, and only to the extent that a severable item of the Tenant Improvements is completed, proof of satisfactory completion of all required inspections and the issuance of any required approvals and sign-offs by governmental authorities in connection with the Tenant Improvements which are the subject of the requested disbursement or disbursements, and (v) with respect to disbursements of the Allowance to cover costs other than soft costs, a certificate of Tenant’s Architect stating that, in the Architect’s opinion, the portion of the Tenant Improvements theretofore completed and for which the disbursement is requested was performed in a good and workmanlike manner and substantially in accordance with the Final Plans for the Tenant Improvements, as approved by Landlord. Landlord shall disburse the requested portions of the Allowance within thirty (30) days after submission of the foregoing to Landlord by Tenant.
Disbursement of the Allowance. Landlord shall disburse the Tenant Finish Allowance to Tenant for the actual construction costs which Tenant incurs in connection with the construction of the Tenant Finish Work in one lump sum (provided, however that Landlord may elect to pay the Tenant Finish Allowance directly to Tenant’s contractor for the construction of the Tenant Finish Work (“Tenant’s Contractor”)) and in accordance with this Work Letter. Upon completion of the Tenant Finish Work, Tenant shall submit “Evidence of Completion and Payment” (hereafter defined) to Landlord. As used herein, the “Evidence of Completion and Payment” shall mean:
Disbursement of the Allowance. Landlord shall make a one-time disbursement of the Allowance to Tenant within thirty (30) days following Landlord’s receipt of: (i) Tenant’s written request for disbursement of the Allowance; (ii) copies of invoices related to the Expansion Premises Improvements, together with evidence that such invoices have been paid; and (iii) to the extent applicable and customary, copies of unconditional waivers and releases of lien in a form in compliance with the applicable statutes from all contractors, subcontractors and material suppliers covering all work and materials which are the subject of such payment. Notwithstanding anything to the contrary herein, Tenant must make a one-time request for such disbursement pursuant to the terms and conditions of this Section 8 by no later than 5:00 p.m. on December 31, 2016 (the “Request Deadline”). Landlord shall have no obligation to disburse all or any portion of the Allowance which is requested following the Request Deadline, and shall have no obligation to disburse any amounts in excess of the Allowance.
Disbursement of the Allowance. Landlord shall disburse the Allowance to Tenant or to Tenant’s contractor and other third parties entitled to payment under contract with Tenant or Tenant’s contract for the actual construction costs for the Tenant Improvements in accordance with the following:
