Final Total Cost Deducted from Landlord’s Allowance Sample Clauses

Final Total Cost Deducted from Landlord’s Allowance. The (A) Contractor Fixed Price that was included in the Estimated Total Cost approved by Tenant pursuant to Paragraph 2.d.i. above, plus (B) the actual (i) Design Costs, (ii) permit fees, (iii) Construction Management Fee, (iv) contingency component of the Estimated Total Cost previously approved by Tenant under Paragraph d.i. above, and (v) any other costs that Landlord reasonably incurred in the performance of the subject increment of the Additional Landlord Work (other than Force Majeure Costs, as defined in Paragraph 25.b.6. of the Lease), constitute the “Final Total Cost” for such increment of the Additional Landlord Work (inclusive of any increased costs described in the second (2nd) grammatical paragraph of Paragraph b. above). Upon completion of the subject increment of the Additional Landlord Work, Landlord shall notify Tenant in writing of the Final Total Cost for that increment and the Final Total Cost shall be deducted from Landlord’s Allowance. Notwithstanding anything to the contrary in this Exhibit E, in no event shall Landlord perform any increment of Additional Landlord Work that would cause the Final Total Cost of all Additional Landlord Work (plus the Reimbursable Costs under Paragraph v. below) to exceed Landlord’s Allowance (which is $4,476,097.50). Further, notwithstanding anything to the contrary in Paragraph 2.e.ii. of the Third Amendment, no portion of Landlord’s Allowance shall be disbursed for application to the cost of the construction of the Tenant Improvements until the Final Total Cost for all of the Additional Landlord Work has been deducted from Landlord’s Allowance in accordance with this Paragraph d.iv. Without limitation of any other provisions herein, if, for any reason (other than a Force Majeure Event, as defined in Paragraph 25.b.6. of the Lease) the Final Total Cost exceeds the available Landlord’s Allowance, then Tenant shall pay to Landlord a penalty equal to such excess, which penalty shall be paid not later than ten (10) Business Days following the later of (i) the Rent Commencement Date (or, if the Lease is terminated prior to the Rent Commencement Date due to an Event of Default, the date of the Lease termination) and (ii) the date Landlord delivers a written invoice to Tenant for such excess with supporting invoices evidencing such excess cost.
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Related to Final Total Cost Deducted from Landlord’s Allowance

  • Operating Expenses During the term of this Lease Tenant shall pay to Landlord as additional rent all ad valorem taxes and operating expenses and other charges of every kind and nature (“Operating Expenses”) incurred or paid by Landlord in connection with the maintenance, repair, operation, management, or ownership of the Premises. If requested, Tenant agrees to pay Landlord on the first day of each calendar month, together with the payment of rent, such amount as Landlord estimates from time to time as necessary to pay such expenses. Landlord shall xxxx Tenant annually after the end of each year for such expenses. In the event the aggregate of Tenant’s installments during the year shall be less than the amount of Operating Expenses due from Tenant, such deficiency shall be paid to Landlord within ten (10) days after demand therefore. In the event the aggregate of Tenant’s installments during the year shall be more than the amount of Operating Expenses due from Tenant, such overpayment shall be applied to Tenant’s next monthly installment of Operating Expenses and Rent. As used herein, the term “Operating Expenses” shall include the cost of maintaining casualty and public liability insurance covering the Premises, real estate ad valorem taxes and all costs of managing, operating and maintaining the Premises, including but not limited to: costs of constructing, maintaining and repairing on site and off-site traffic controls; decorating, painting, lighting, sanitary control, and removal of trash, garbage and other refuse; maintenance, repair and replacement of utility systems serving any common areas, including water, sanitary sewer and storm water lines and other utility lines, pipes and conduits; costs of utilities, including water, sewer, electricity, and gas; janitorial, sweeping and cleaning services, trash bin rentals, trash pickup fees, licenses, permits and inspection fees; parking lot painting and restriping; planting, irrigating, gardening and landscaping; signs and markers; parking control and security guards and fire protection or detection service; all general maintenance and repair; other general operation and maintenance costs and expenses; all labor and supplies required by the foregoing; and administrative costs directly attributable thereto.

  • Limit on Operating Expenses The Advisor hereby agrees to limit the Fund’s current Operating Expenses to an annual rate, expressed as a percentage of the Fund’s average daily net assets for the month, to the amounts listed in Appendix A (the “Annual Limit”). In the event that the current Operating Expenses of the Fund, as accrued each month, exceed its Annual Limit, the Advisor will pay to the Fund, on a monthly basis, the excess expense within the first ten days of the month following the month in which such Operating Expenses were incurred (each payment, a “Fund Reimbursement Payment”).

  • Operating Expense Payments Landlord shall deliver to Tenant a written estimate of Operating Expenses for each calendar year during the Term (the “Annual Estimate”), which may be revised by Landlord from time to time during such calendar year. During each month of the Term, on the same date that Base Rent is due, Tenant shall pay Landlord an amount equal to 1/12th of Tenant’s Share of the Annual Estimate. Payments for any fractional calendar month shall be prorated.

  • Direct Expenses 1. Fees and expenses of its directors (except the fees of those directors who are deemed to be "interested persons" of the Fund as that term is defined in the Investment Company Act of 1940) and the meetings thereof;

  • Total Operating Expenses All costs and expenses paid or incurred by the Corporation, as determined under generally accepted accounting principles, that are in any way related to the operation of the Corporation or to corporate business, including Asset Management Fees and other operating fees paid to the Advisor, but excluding (i) the expenses of raising capital such as Organization and Offering Expenses, (ii) interest payments, (iii) taxes, (iv) non-cash expenditures such as depreciation, amortization and bad debt reserves, (v) incentive fees, (vi) Acquisition Fees and Acquisition Expenses, (vii) real estate commissions on the Sale of Property, (viii) distributions made with respect to interests in the Operating Partnership, and (ix) other fees and expenses connected with the acquisition, Disposition, management and ownership of real estate interests, mortgage loans or other property (including the costs of foreclosure, insurance premiums, legal services, maintenance, repair, and improvement of property). Notwithstanding the definition set forth above, any expense of the Corporation which is not part of Total Operating Expenses under the NASAA REIT Guidelines shall not be treated as part of Total Operating Expenses for purposes hereof.