Common use of Improvement Allowance Clause in Contracts

Improvement Allowance. Landlord hereby agrees to disburse to Tenant an amount up to Five Hundred Thousand and No/100ths Dollars ($500,000.00) to be used as an allowance for improvements (the "Improvement Allowance"), provided, however, Landlord agrees, to the extent any amount of the Improvement Allowance remains unused, Tenant may use said amounts to defray the cost of moving to and relocating into the Premises. Provided Tenant is not in default hereunder, Landlord's disbursement of the Improvement Allowance to Tenant shall be made in up to four (4) installments approximately thirty (30) days apart commencing on approximately April 15, 2001. Each installment shall be in an amount equal to the invoicing incurred by Tenant in making said Improvements as of five days before disbursement, to a maximum total Tenant Allowance of $500,000.00. Provided, however, that Landlord shall not be obligated to disburse more than 90% (ninety percent) of the funds otherwise disbursable under this paragraph until and unless (i) the applicable governmental authority has issued to Tenant a Certificate of Occupancy as to the Premises; (ii) Tenant has executed and delivered to Landlord an estoppel letter in a form reasonably acceptable to Landlord which includes (but may not be limited to) an acknowledgment by Tenant that Landlord is then in full compliance with the Lease; (iii) Tenant delivers to Landlord sufficient satisfactions and/or releases of notices and/or claims of lien so as to eliminate any potential for a claim or lien against Landlord's or Tenant's interests in the Premises and the underlying fee simple interest in the Premises.

Appears in 1 contract

Samples: Agreement (Be Aerospace Inc)

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Improvement Allowance. Subject to the terms of this Section 9.3.2, Landlord hereby agrees to disburse to shall provide Tenant with an amount improvement allowance of up to Five Hundred Thousand [***] in the aggregate (the “Improvement Allowance”) for Initial Alterations (defined below) completed by or on behalf of Tenant at Tenant’s cost pursuant to the terms of this Lease or the [***] Lease (excluding the purchase or installation of any Equipment or other Tenant’s Personal Property that is or may be removable by Tenant at the end of the Term pursuant to Section 13.2, below, unless expressly included within the definition of Tenant Datacenter Space Installations). For the avoidance of doubt, the Improvement Allowance set forth in this Lease constitutes the same improvement allowance as set forth in the [***] Lease (not an additional improvement allowance) and No/100ths Dollars ($500,000.00) to may be used as an allowance for improvements (either the "Improvement Allowance"), Datacenter Space or the [***] Datacenter Space at Tenant’s election; provided, however, Landlord agrees, the Improvement Allowance shall be apportioned between the Datacenter Space and the [***] Datacenter Space based on the kW attributable to each space for purposes of the extent any amount calculation of additional Base Rent. The portion of the Improvement Allowance remains unused, Tenant may use said amounts apportioned to defray the cost of moving to and relocating into Datacenter Space as set forth in this Section 9.3.2 (a) shall be amortized over the Premises. Provided Tenant is not in default hereunder, Landlord's disbursement Initial Term on a straight line basis with three percent (3%) increases on each anniversary of the Improvement Allowance to Tenant Commencement Date and (b) shall be made added to Base Rent payable during the Initial Term as set forth in up to four (4) installments approximately thirty (30) days apart commencing on approximately April 15, 2001. Each installment shall be in an amount equal to the invoicing incurred by Tenant in making said Improvements as of five days before disbursement, to a maximum total Tenant Allowance of $500,000.00. Provided, however, that Landlord shall not be obligated to disburse more than 90% (ninety percentItem 8(a) of the funds otherwise disbursable under this paragraph until Basic Lease Information. The Improvement Allowance shall be used as follows: Vantage Confidential and unless (i) the applicable governmental authority Proprietary [***] Information has issued to Tenant a Certificate of Occupancy as been omitted and submitted separately to the Premises; (ii) Tenant Securities and Exchange Commission. Confidential treatment has executed and delivered been requested with respect to Landlord an estoppel letter in a form reasonably acceptable to Landlord which includes (but may not be limited to) an acknowledgment by Tenant that Landlord is then in full compliance with the Lease; (iii) Tenant delivers to Landlord sufficient satisfactions and/or releases of notices and/or claims of lien so as to eliminate any potential for a claim or lien against Landlord's or Tenant's interests in the Premises and the underlying fee simple interest in the Premisesomitted portions.

Appears in 1 contract

Samples: Wholesale Datacenter Lease (Box Inc)

Improvement Allowance. Subject to the terms of this Section 9.3.2, Landlord hereby agrees to disburse to shall provide Tenant with an amount improvement allowance of up to Five Hundred Thousand [***] in the aggregate (the “Improvement Allowance”) for Initial Alterations (defined below) completed by or on behalf of Tenant at Tenant’s cost pursuant to the terms of this Lease or the [***] Lease (excluding the purchase or installation of any Equipment or other Tenant’s Personal Property that is or may be removable by Tenant at the end of the Term pursuant to Section 13.2, below, unless expressly included within the definition of Tenant Datacenter Space Installations). For the avoidance of doubt, the Improvement Allowance set forth in this Lease constitutes the same improvement allowance as set forth in the [***] Lease (not an additional improvement allowance) and No/100ths Dollars ($500,000.00) to may be used as an allowance for improvements (either the "Improvement Allowance"), Datacenter Space or the [***] Datacenter Space at Tenant’s election; provided, however, Landlord agrees, the Improvement Allowance shall be apportioned between the Datacenter Space and the [***] Datacenter Space based on the kW attributable to each space for purposes of the extent any amount calculation of additional Base Rent. The portion of the Improvement Allowance remains unused, Tenant may use said amounts apportioned to defray the cost of moving to and relocating into Datacenter Space as set forth in this Section 9.3.2 (a) shall be amortized over the Premises. Provided Tenant is not in default hereunder, Landlord's disbursement Initial Term on a straight line basis with three percent (3%) increases on each anniversary of the Improvement Allowance to Tenant Commencement Date and (b) shall be made added to Base Rent payable during the Initial Term as set forth in up to four (4) installments approximately thirty (30) days apart commencing on approximately April 15, 2001. Each installment shall be in an amount equal to the invoicing incurred by Tenant in making said Improvements as of five days before disbursement, to a maximum total Tenant Allowance of $500,000.00. Provided, however, that Landlord shall not be obligated to disburse more than 90% (ninety percentItem 8(a) of the funds otherwise disbursable under this paragraph until and unless (i) the applicable governmental authority has issued to Tenant a Certificate of Occupancy Basic Lease Information. The Improvement Allowance shall be used as to the Premises; (ii) Tenant has executed and delivered to Landlord an estoppel letter in a form reasonably acceptable to Landlord which includes (but may not be limited to) an acknowledgment by Tenant that Landlord is then in full compliance with the Lease; (iii) Tenant delivers to Landlord sufficient satisfactions and/or releases of notices and/or claims of lien so as to eliminate any potential for a claim or lien against Landlord's or Tenant's interests in the Premises and the underlying fee simple interest in the Premises.follows:

Appears in 1 contract

Samples: Wholesale Datacenter Lease (Box Inc)

Improvement Allowance. Tenant shall be entitled to a one-time improvement allowance (the “Improvement Allowance”) in the amount of $218,115.00 (based on $45.00 per rentable square foot of the Premises) for the costs relating to the initial design and construction of Tenant’s improvements which are permanently affixed to the Premises (the “Tenant Improvements”), including without limitation the cost to complete the new demising wall within the Premises as shown on the Conceptual Plan (defined below) and the other Tenant Improvement Allowance Items described in Section 2.2 below. In addition to the Improvement Allowance, Tenant shall be entitled to a one-time improvement allowance (the “HVAC Unit Allowance”) in the amount of $23,023.25 (based on $4.75 per rentable square foot of the Premises) for the costs relating to the initial design and installation of the HVAC Units. In addition, Landlord hereby agrees and Tenant agree and acknowledge that Tenant shall design and install an additional entrance into the Premises (the “Fire Exit Door”) for the purposes of meeting Code requirements as part of the Tenant Improvements. Tenant may install the Fire Exit Door, at Tenant’s option, either (i) on the wall of the Premises where the “exit” to disburse the Premises is shown on the Conceptual Plan across from the wall where the main entrance to the Premises is shown on the Conceptual Plan, or (ii) on the wall of the Premises where the “finance office” is shown on the Conceptual Plan. The exact location, design and specifications of the Fire Exit Door shall be subject to Landlord’s approval as provided in Section 3 below. In connection with the Fire Exit Door, and in addition to the Improvement Allowance and the HVAC Unit Allowance, Tenant an shall be entitled to a one-time improvement allowance (the “Fire Exit Door Allowance”) in the amount up of either (a) $7,000.00 if Tenant constructs the Fire Exit Door on the wall described in (i) above, or (b) if Tenant constructs the Fire Exit Door on the wall described in (ii) above, the difference between the budgeted cost to Five Hundred Thousand design and No/100ths Dollars install the Fire Exit Door as provided below less $7,000.00. In furtherance of the foregoing, if Tenant elects to construct the Fire Exit Door on the wall described in ($500,000.00ii) above, then prior to commencing any work related thereto, Tenant shall provide Landlord a budget for the cost to design and install the Fire Exit Door, which such budget shall be subject to Landlord’s prior written approval, not to be used as an allowance for improvements (unreasonably withheld, conditioned or delayed. Upon Landlord’s written approval of such budget, the "Improvement Allowance"), provided, however, Landlord agrees, to the extent any amount of the Improvement Fire Exit Door Allowance remains unused, Tenant may use said amounts to defray the cost of moving to and relocating into the Premises. Provided Tenant is not in default hereunder, Landlord's disbursement of the Improvement Allowance to Tenant shall be made set as provided in up to four (4b) installments approximately thirty (30) days apart commencing on approximately April 15, 2001above. Each installment In no event shall be in an amount equal to the invoicing incurred by Tenant in making said Improvements as of five days before disbursement, to a maximum total Tenant Allowance of $500,000.00. Provided, however, that Landlord shall not be obligated to disburse more than 90% make disbursements pursuant to this Tenant Work Letter for the Tenant Improvements, the HVAC Units or the Fire Exit Door, as the case may be, in a total amount which exceeds the Tenant Improvement Allowance, the HVAC Unit Allowance or the Fire Exit Door Allowance, respectively, and in no event shall Tenant be entitled to any credit for any unused portion of the Tenant Improvement Allowance, the HVAC Unit Allowance or the Fire Exit Door Allowance not used by Tenant by Tenant by the date which is twelve (ninety percent12) months after the Lease Commencement Date. Notwithstanding anything to the contrary contained herein, in addition to the Improvement Allowance, the HVAC Unit Allowance and the Fire Exit Door Allowance, Landlord shall, concurrently with Landlord’s execution of the Lease, reimburse Tenant in the amount of $0.15 per rentable square foot ($727.05) of the funds otherwise disbursable under this paragraph until and unless Premises to pay for the EXHIBIT B Architect (idefined below) the applicable governmental authority has issued to Tenant for a Certificate of Occupancy as to the Premises; (ii) Tenant has executed and delivered to Landlord an estoppel letter in a form reasonably acceptable to Landlord preliminary test fit, which includes (but may amount will not be limited to) an acknowledgment by Tenant that Landlord is then in full compliance with deducted from the Lease; (iii) Tenant delivers to Landlord sufficient satisfactions and/or releases of notices and/or claims of lien so as to eliminate any potential for a claim or lien against Landlord's or Tenant's interests in the Premises and the underlying fee simple interest in the PremisesImprovement Allowance.

Appears in 1 contract

Samples: Lease (Ligand Pharmaceuticals Inc)

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Improvement Allowance. Tenant shall be entitled to a one-time improvement allowance (the “Improvement Allowance”) in the amount of $13,227,600.00 (based on $150.00 per rentable square foot of the Premises) for the costs relating to the initial design and construction of Tenant’s improvements which are permanently affixed to the Premises or exclusively serving the Premises) (the “Improvements”) and for the other Improvement Allowance Items described EXHIBIT “D” in Section 2.2 below. In addition to the Improvement Allowance and subject to the terms and conditions of Section 1.2 above, Tenant shall be entitled to a one-time additional base building allowance (the “Base Building Allowance”) in the amount of $1,000,000.00 for the costs relating to the initial design and construction of the Base Building Improvements and for the other Improvement Allowance Items described in Section 2.2 below and it being agreed that any unused portion of the Base Building Allowance may be applied to the Improvement Allowance Items otherwise relating to the Tenant’s Improvements and the costs incurred by Tenant for exterior work, structural frames and/or footings, or other base building work performed by Tenant as part of the Improvements. In no event shall the Base Building Allowance be utilized toward the costs of Improvements except as provided above and in no event shall the Improvement Allowance be used toward the cost of construction of the Base Building Improvements; provided, however, both the Base Building Allowance and Improvement Allowance may be used toward the costs of the Improvement Allowance Items. In no event shall Landlord be obligated to make disbursements pursuant to this Tenant Work Letter (including for Improvement Allowance Items described in Section 2.2. below) in a total amount which exceeds the Improvement Allowance, the Base Building Allowance and the Test Fit Allowance. Further, in no event shall Tenant be entitled to any credit for any portion of the Improvement Allowance and/or the Base Building Allowance not used or requested by Tenant by the date that is eighteen (18) months after the latest to occur of (i) the Pod 4 Portion Commencement Date or (ii) Pod 5 Commencement Date, as the case may be. In addition to the Improvement Allowance and Base Building Allowance, Landlord hereby agrees to disburse reimburse Architect to Tenant an amount up to Five Hundred Thousand and No/100ths Dollars ($500,000.00) to be used as an allowance prepare a “test fit” plan for improvements (the "Improvement Allowance"), provided, however, Landlord agrees, to the extent any amount of the Improvement Allowance remains unused, Tenant may use said amounts to defray the cost of moving to and relocating into the Premises. Provided Tenant is not in default hereunder, Landlord's disbursement of the Improvement Allowance to Tenant shall be made in up to four (4) installments approximately thirty (30) days apart commencing on approximately April 15, 2001. Each installment shall be in an amount equal to the invoicing incurred by Tenant in making said Improvements as of five days before disbursement, to a maximum total Tenant Allowance of $500,000.00. Provided, however, that Landlord shall not be obligated to disburse more than 90% (ninety percent) of the funds otherwise disbursable under this paragraph until and unless (i) the applicable governmental authority has issued to Tenant a Certificate of Occupancy as to the Premises; (ii) Tenant has executed and delivered to Landlord an estoppel letter in a form reasonably acceptable to Landlord which includes (but may not be limited to) an acknowledgment by Tenant that Landlord is then in full compliance with the Lease; (iii) Tenant delivers to Landlord sufficient satisfactions and/or releases of notices and/or claims of lien so as to eliminate any potential for a claim or lien against Landlord's or Tenant's interests in the Premises and the underlying fee simple interest in one (1) revision thereto, up to $8,818.40 (based upon $0.10 per rentable square foot of the Premises) (the “Test Fit Allowance”).

Appears in 1 contract

Samples: Lease Agreement (Oncorus, Inc.)

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