Common use of Over-Allowance Amount Clause in Contracts

Over-Allowance Amount. After Tenant has approved any Over-Allowance Amount pursuant to Section 3.1 above, Tenant shall pay to Landlord the Over-Allowance Amount in equal monthly installments in advance over the projected 4-month period of Landlord's construction of the Tenant Improvements, with the first installment payable prior to and as a condition of Landlord's obligation to commence construction of the Tenant Improvements. The Over-Allowance Amount shall be disbursed by Landlord pursuant to the same procedure as the Tenant Improvement Allowance, which procedure shall provide for the retention of ten (10%) of all construction funds until the construction of the Tenant Improvements has been completed. In the event that, after the Cost Proposal is prepared, any revisions, changes, or substitutions shall be made to the Approved Tenant Improvement Plans or the Tenant Improvements pursuant to Tenant's Change Order request, and provided that Landlord has approved the same, any additional costs which arise in connection with such revisions, changes or substitutions or any other additional costs shall be paid by Tenant to Landlord in advance equal monthly installments over the construction period remaining as an addition to the Over-Allowance Amount.

Over-Allowance Amount. After Tenant has approved any On the Cost Proposal Delivery Date, Landlord shall identify the amount (the "Over-Allowance Amount pursuant Amount") equal to Section 3.1 above, Tenant shall pay to Landlord the Over-Allowance Amount in equal monthly installments in advance over difference between (i) the projected 4-month period of Landlord's construction amount of the Tenant Improvements, with Cost Proposal and (ii) the first installment payable prior to and as a condition of Landlord's obligation to commence construction amount of the Tenant ImprovementsImprovement Allowance. The Subject to the terms of Section 2.3 of this Work Letter Agreement, the Over-Allowance Amount shall be disbursed by delivered from Tenant to Landlord pursuant to (on a pro-rata basis, based upon the same procedure as the Tenant Improvement Allowance, which procedure shall provide for the retention of ten (10%) of all construction funds until the construction percentage of the Tenant Improvements has been completed) within fifteen (15) days of Tenant's receipt of an invoice for such portion of the Over-Allowance Amount. In the event that, after the Cost Proposal is preparedDelivery Date, any revisions, changes, or substitutions shall be made to the Approved Tenant Improvement Plans Construction Drawings or the Improvements as the result of (i) a ratified Tenant Improvements pursuant Change, or (ii) a change requested by Landlord and reasonably approved by Tenant, then, subject to Tenant's Change Order request, and provided that Landlord has approved the sameterms of Section 2.3 of this Work Letter Agreement, any additional costs which arise in connection with such revisions, changes or substitutions or any other additional costs shall be paid by Tenant to Landlord in advance equal monthly installments over the construction period remaining immediately upon Landlord's request as an addition to the Over-Allowance Amount. Subject to the terms of Section 2.3 of this Work Letter Agreement, in the event that Tenant fails to deliver the Over-Allowance Amount as provided in this Section 4.3.1, then Landlord may, at its option, cease work in the Premises until such time as Landlord receives payment of the Over-Allowance Amount (and such failure to deliver shall be treated as a Tenant delay in accordance with the terms of Section 5.2 below).

Over-Allowance Amount. After Tenant has approved The amount that is equal to the difference between (i) the amount of the Cost Proposal and (ii) the amount of the TI Allowance (less any portion thereof already disbursed by Landlord, or in the process of being disbursed by Landlord, on or before the Cost Proposal Delivery Date that is not otherwise included within the Cost Proposal) shall be referred to herein as the "Over-Allowance Amount pursuant to Section 3.1 above, Amount." Tenant shall pay to Landlord the (a) one-half (1/2) of such Over-Allowance Amount in equal monthly installments in advance over no later than ten (10) days after the projected 4Cost Proposal Delivery Date and (b) the other one-month period half (1/2) of Landlord's such Over-Allowance Amount within ten (10) days after Landlord gives Tenant written notice that the construction of the Tenant Improvements, with the first installment payable prior to and as a condition of Landlord's obligation to commence construction of the Tenant ImprovementsImprovements is completed. The Over-Allowance Amount shall be disbursed by Landlord prior to the disbursement of any then remaining portion of the TI Allowance, and such disbursement shall be pursuant to the same procedure as the Tenant Improvement TI Allowance, which procedure shall provide for the retention of ten (10%) of all construction funds until the construction of the Tenant Improvements has been completed. In the event that, that after the Cost Proposal is preparedDelivery Date, any revisions, changes, or substitutions shall be made to the Approved Tenant Improvement Plans Construction Drawings or the Tenant Improvements pursuant to Tenant's Change Order request, and provided that Landlord has approved the sameImprovements, any additional costs which arise in connection with such revisions, changes or substitutions or any other additional costs shall be paid by Tenant to Landlord in advance equal monthly installments over the construction period remaining as an addition to the Over-Allowance AmountAmount as follows: (1) one-half (1/2) of such additional amount within five (5) days after Landlord's invoice therefor and (2) the remaining one-half (1/2) of such additional amount within five (5) days following Tenant's receipt of Landlord's written notice that the work to which the change order applies is complete. In addition, upon Landlord's determination of the actual costs incurred by or on behalf of Landlord for the TI Allowance Items, Tenant shall pay Landlord the amount, if any, by which such actual costs exceed the sum of the TI Allowance and the Over-Allowance Amount within fifteen (15) days after being billed therefor, or Landlord may, at its election, require that Tenant deposit with Landlord the full amount of such excess prior to Landlord's delivery of the Expansion Space to Tenant. No portion of the TI Allowance shall be used to pay Tenant or Tenant's agents, contractors or employees, unless and until Landlord's contractors and any other persons and entities employed by or under contract with Landlord have been paid in full.

Over-Allowance Amount. After Tenant has approved any For purposes of this Section 4.3.1, the “Over-Allowance Amount pursuant Amount” shall be the difference between (i) the amount of the Cost Proposal, and (ii) the amount of the Tenant Improvement Allowance (after deducting from the Tenant Improvement Allowance any amounts expended in connection with the preparation of the Construction Drawings, and the cost of all other items incurred prior to Section 3.1 above, the commencement of construction of the Tenant Improvements). Tenant shall pay pay, immediately upon written notice from Landlord, a percentage of each amount disbursed by Landlord to Landlord the Contractor or otherwise disbursed under this Tenant Work Letter, which percentage shall be equal to the amount of the Over-Allowance Amount in equal monthly installments in advance over divided by the projected 4-month period of Landlord's construction amount of the Cost Proposal, and such payment by Tenant Improvements, with the first installment payable prior to and as shall be a condition of to Landlord's ’s obligation to commence construction pay any amounts of the Tenant Improvements. The Over-Allowance Amount shall be disbursed by Landlord pursuant to the same procedure as the Tenant Improvement Allowance, which procedure shall provide for the retention of ten (10%) of all construction funds until the construction of the Tenant Improvements has been completed. In the event that, after the Cost Proposal is preparedDelivery Date, any revisions, changes, or substitutions shall be made to the Approved Tenant Improvement Plans Construction Drawings or the Tenant Improvements pursuant to Tenant's Change Order request, and provided that Landlord has approved the sameImprovements, any additional costs which arise in connection with such revisions, changes or substitutions or any other additional costs shall be paid by Tenant to Landlord on a prorata basis with Landlord (as reasonably determined by Landlord) consistent with the manner in advance equal monthly installments over which the construction period remaining as an addition to the initial Over-Allowance AmountAmount is paid.

Over-Allowance Amount. After On the Cost Proposal Delivery Date, Tenant has approved any shall identify the estimated amount (the “Over-Allowance Amount pursuant Amount”) equal to Section 3.1 above, the difference between (i) the amount of the Cost Proposal and (ii) the amount of the Tenant Improvement Allowance. Tenant shall pay pay, on a monthly basis, within fifteen (15) days after written notice from Landlord, a percentage of each amount disbursed by Landlord to Landlord the Contractor or otherwise disbursed under this Tenant Work Letter, which percentage shall be equal to the amount of the Over-Allowance Amount in equal monthly installments in advance over divided by the projected 4-month period of Landlord's construction amount of the Cost Proposal, and such payment by Tenant Improvements, with the first installment payable prior to and as shall be a condition of to Landlord's ’s obligation to commence construction pay any further amounts of the Tenant Improvements. The Over-Allowance Amount shall be disbursed by Landlord pursuant to the same procedure as the Tenant Improvement Allowance, which procedure shall provide for the retention of ten (10%) of all construction funds until the construction of the Tenant Improvements has been completed. In the event that, after the Cost Proposal is preparedDelivery Date, any revisions, changes, or substitutions shall be made to the Approved Tenant Improvement Plans Construction Drawings or the Tenant Improvements pursuant as the result of (i) a ratified “Tenant Change”, as that term is defined in Section 4.3.5 of this Tenant Work Letter, or (ii) a change requested by Landlord and reasonably approved by Tenant, then, subjection to Tenant's Change Order request, and provided that Landlord has approved the sameterms of Section 2.3 of this Tenant Work Letter, any EXHIBIT B [535 Mission Street] additional costs which arise in connection with such revisions, changes or substitutions or any other additional costs shall be paid by Tenant to Landlord in advance equal monthly installments over the construction period remaining immediately upon Landlord’s request as an addition to the Over-Allowance Amount.

Over-Allowance Amount. After Tenant has approved any Over-Allowance Amount pursuant Landlord shall cause a contractor designated by Landlord (the "Contractor") to Section 3.1 above, Tenant shall pay to Landlord the Over-Allowance Amount in equal monthly installments in advance over the projected 4-month period of Landlord's (i) obtain all applicable building permits for construction of the Tenant Improvements, and (ii) construct the Tenant Improvements as depicted on the Approved Working Drawings, in compliance with such building permits and all applicable laws in effect at the first installment payable prior time of construction, and in good workmanlike manner. Landlord shall pay for the cost of the design and construction of the Tenant Improvements in an amount up to, but not exceeding, Forty Thousand Eight Hundred Sixty and no/100 Dollars ($40,860.00) (I.E. $20.00 per rentable square foot) (the "Allowance"). Tenant shall pay for all costs in excess of the Allowance, which payment shall be made to and Landlord in cash within ten (10) days after Tenant's receipt of invoice therefor from Landlord. Tenant shall not be entitled to receive in cash or as a condition credit against any rental or otherwise, any portion of Landlord's obligation such the Allowance not used to commence pay for the cost of the design and construction of the Tenant Improvements. The Over-; provided, however, if the total cost of design and construction of the Tenant Improvements is less than the Allowance Amount provided above, Tenant shall be disbursed by Landlord pursuant permitted to use any such difference towards the purchase of furniture, fixtures and equipment to be installed in and to the same procedure as the Tenant Improvement AllowancePremises. Before selecting a Contractor, which procedure Landlord shall provide obtain at least three (3) bids for the retention of ten (10%) of all construction funds until the construction of the Tenant Improvements has been completed. In from contractors designated by Landlord and Tenant shall within five (5) days of the event that, after submission of bids from the Cost Proposal is prepared, any revisions, changes, or substitutions shall be made last of the three (3) contractors select one (1) of the three (3) contractors to the Approved Tenant Improvement Plans or construct the Tenant Improvements pursuant to Tenant's Change Order request, and provided that Landlord has approved the same, any additional costs which arise in connection with such revisions, changes or substitutions or any other additional costs shall be paid by Tenant to Landlord in advance equal monthly installments over the construction period remaining as an addition to the Over-Allowance AmountImprovements.

Over-Allowance Amount. After Upon Landlord's delivery of the Cost Proposal to Tenant has approved (as more particularly contemplated in Section 4.2 above), Landlord shall identify the amount (the "Over-Allowance Amount") equal to the difference between (i) the amount of the Cost Proposal and (ii) the amount of the Initial Improvement Allowance and the Additional Allowance (to the extent Tenant elects to use any portion of the Additional Allowance). Tenant shall deliver the amount (if any) of such Over-Allowance Amount pursuant to Section 3.1 above, Tenant shall pay to Landlord at the Over-Allowance Amount in equal monthly installments in advance over the projected 4-month period of Landlordtime Tenant's construction delivers its approval of the Tenant Improvements, with the first installment payable prior Cost Proposal to and as a condition of Landlord's obligation to commence construction of the Tenant Improvements. The Over-Allowance Amount shall be disbursed by Landlord pursuant to on a pro-rata basis along with any then remaining portion of the same procedure as the Tenant Improvement Allowance, which procedure shall provide for the retention of ten (10%) of all construction funds until the construction of the Tenant Improvements has been completed. In the event that, after the Cost Proposal is preparedDelivery Date, any revisions, changes, or substitutions shall be made to the Approved Tenant Improvement Plans Construction Drawings or the Improvements as the result of (i) a ratified Tenant Improvements pursuant to Change, or (ii) a change requested by Landlord and reasonably approved by Tenant's Change Order request, and provided that Landlord has approved the same, then any additional costs which arise in connection with such revisions, changes or substitutions or any other additional costs shall be paid by Tenant to Landlord in advance equal monthly installments over the construction period remaining immediately upon Landlord's request as an addition to the Over-Allowance Amount. In the event that Tenant fails to deliver the Over-Allowance Amount as provided in this Section 4.3.1, then Landlord may, at its option, cease work in the Premises until such time as Landlord receives payment of the Over-Allowance Amount (and such failure to deliver shall be treated as a Tenant delay in accordance with the terms of Section 6.2 below).