Common use of Over-Allowance Amount Clause in Contracts

Over-Allowance Amount. On the Cost Proposal Delivery Date, 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 Improvement Allowance. Subject to the terms of Section 2.3 of this Work Letter Agreement, the Over-Allowance Amount shall be delivered from Tenant to Landlord (on a pro-rata basis, based upon the percentage of the Tenant Improvements 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 Delivery Date, any revisions, changes, or substitutions shall be made to the Construction Drawings or the Improvements as the result of (i) a ratified Tenant Change, or (ii) a change requested by Landlord and reasonably approved by Tenant, then, subject to the terms 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 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. On the Cost Proposal Delivery Date, Landlord shall identify the The amount (the "Over-Allowance Amount") that is equal to the difference between (i) the amount of the Cost Proposal and (ii) the amount of the Improvement AllowanceTI 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." Tenant shall pay to Landlord (a) one-half (1/2) of such Over-Allowance Amount no later than ten (10) days after the Cost Proposal Delivery Date and (b) the other one-half (1/2) of such Over-Allowance Amount within ten (10) days after Landlord gives Tenant written notice that the construction of the Tenant Improvements is completed. Subject to the terms of Section 2.3 of this Work Letter Agreement, the The Over-Allowance Amount shall be delivered from Tenant disbursed by Landlord prior to Landlord (on a pro-rata basis, based upon the percentage disbursement of the Tenant Improvements completed) within fifteen (15) days of Tenant's receipt of an invoice for such any then remaining portion of the Over-Allowance AmountTI Allowance, and such disbursement shall be pursuant to the same procedure as the TI Allowance. In the event that, that after the Cost Proposal Delivery Date, any revisions, changes, or substitutions shall be made to the Construction Drawings or the Improvements as the result of (i) a ratified Tenant Change, or (ii) a change requested by Landlord and reasonably approved by Tenant, then, subject to the terms of Section 2.3 of this Work Letter AgreementImprovements, 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 immediately upon Landlord's request 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. Subject to In addition, upon Landlord's determination of the terms actual costs incurred by or on behalf of Section 2.3 Landlord for the TI Allowance Items, Tenant shall pay Landlord the amount, if any, by which such actual costs exceed the sum of this Work Letter Agreement, in the event that Tenant fails to deliver TI Allowance and the Over-Allowance Amount as provided in this Section 4.3.1within fifteen (15) days after being billed therefor, then or Landlord may, at its optionelection, cease work in require that Tenant deposit with Landlord the Premises until full amount of such time as Landlord receives payment excess prior to Landlord's delivery of the Over-Expansion Space to Tenant. No portion of the TI Allowance Amount (and such failure to deliver shall be treated as a used to pay Tenant delay 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 accordance with the terms of Section 5.2 below)full.

Over-Allowance Amount. On Upon Landlord's delivery of the Cost Proposal Delivery Dateto Tenant (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. Subject Allowance and the Additional Allowance (to the terms extent Tenant elects to use any portion of Section 2.3 the Additional Allowance). Tenant shall deliver the amount (if any) of this Work Letter Agreement, such Over-Allowance Amount to Landlord at the time Tenant's delivers its approval of the Cost Proposal to Landlord. The Over-Allowance Amount shall be delivered from Tenant to disbursed by Landlord (on a pro-rata basis, based upon the percentage of the Tenant Improvements completed) within fifteen (15) days of Tenant's receipt of an invoice for such basis along with any then remaining portion of the Over-Allowance AmountImprovement Allowance. In the event that, after the Cost Proposal Delivery Date, any revisions, changes, or substitutions shall be made to the Construction Drawings or the Improvements as the result of (i) a ratified Tenant Change, or (ii) a change requested by Landlord and reasonably approved by Tenant, then, subject to the terms of Section 2.3 of this Work Letter Agreement, 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 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 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 6.2 below).. EXHIBIT B

Over-Allowance Amount. On the Cost Proposal Delivery Date, Tenant shall deliver to Landlord shall identify the amount (the "Over-Allowance Amount") cash in an amount, if any, equal to 50% of the difference between (i) the amount of the Cost Proposal and (ii) the amount of the Improvement AllowanceMaximum Allowance Amount (the "Over-Allowance Amount"). Subject to The Over-Allowance Amount shall be disbursed by Landlord after Landlord has made disbursements in the terms aggregate amount of Section 2.3 the Maximum Allowance Amount. The remaining 50% of this Work Letter Agreement, the Over-Allowance Amount shall be delivered from paid by Tenant to the Landlord once the Maximum Allowance Amount is expended (on a pro-rata basis, based upon i.e. prior to the percentage Landlord's use of the Tenant Improvements completed) within fifteen (15) days of Tenant's receipt of an invoice for such portion first installment of the Over-Allowance Amount). In the event that, after the applicable Cost Proposal Delivery Date, any revisions, changes, or substitutions shall be made to the Construction Drawings Documents or the Improvements as the result of (i) a ratified Tenant Change, or (ii) a change requested by Landlord and reasonably approved by TenantWork, then, subject to Section 3.4 below, to the terms extent that the amount of Section 2.3 of this Work Letter Agreement, the Cost Proposal plus any additional costs which arise in connection with such revisions, changes or substitutions or any other additional costs exceeds the Maximum Allowance Amount and any Over-Allowance Amounts previously funded by Tenant, such excess costs shall be paid by Tenant to Landlord immediately upon Landlord's request as an addition to the Over-Allowance AmountAmount (whether or not the Maximum Allowance Amount has then been fully utilized). Subject to Unless otherwise agreed by the terms of Section 2.3 of this parties, all Landlord Work Letter Agreement, in the event that Tenant fails to deliver paid for by the Over-Allowance Amount as provided in this Section 4.3.1, then Landlord may, at its option, cease work in shall be deemed Landlord's property under the Premises until such time as Landlord receives payment terms of the Over-Lease. Tenant hereby acknowledges and agrees that Tenant shall be responsible for all costs associated with the Landlord Work to the extent the same exceed the Maximum Allowance Amount (and such failure to deliver shall be treated as a Tenant delay in accordance with notwithstanding the terms content of Section 5.2 belowthe Cost Proposal).

Over-Allowance Amount. On the Cost Proposal Delivery Date, Landlord Tenant shall identify the estimated amount (the "“Over-Allowance Amount"”) equal to the difference between (i) the amount of the Cost Proposal and (ii) the amount of the Tenant Improvement Allowance. Subject to the terms of Section 2.3 of this Work Letter AgreementTenant shall pay, the Over-Allowance Amount shall be delivered from Tenant to Landlord (on a pro-rata monthly basis, based upon the percentage of the Tenant Improvements completed) within fifteen (15) days after written notice from Landlord, a percentage of Tenant's receipt of an invoice for such portion each amount disbursed by Landlord to the Contractor or otherwise disbursed under this Tenant Work Letter, which percentage shall be equal to the amount of the Over-Allowance AmountAmount divided by the amount of the Cost Proposal, and such payment by Tenant shall be a condition to Landlord’s obligation to pay any further amounts of the Tenant Improvement Allowance. In the event that, after the Cost Proposal Delivery Date, any revisions, changes, or substitutions shall be made to the Construction Drawings or the Tenant Improvements 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, subject subjection to the terms of Section 2.3 of this Tenant Work Letter AgreementLetter, 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 immediately upon Landlord's ’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. On For purposes of this Section 4.3.1, the Cost Proposal Delivery Date, Landlord shall identify the amount (the "“Over-Allowance Amount") equal to ” shall be the difference between (i) the amount of the Cost Proposal Proposal, and (ii) the amount of the Tenant Improvement Allowance. Subject 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 the terms commencement of Section 2.3 construction of the Tenant Improvements). Tenant shall pay, immediately upon written notice from Landlord, a percentage of each amount disbursed by Landlord to the Contractor or otherwise disbursed under this Tenant Work Letter AgreementLetter, which percentage shall be equal to the amount of the Over-Allowance Amount divided by the amount of the Cost Proposal, and such payment by Tenant shall be delivered from Tenant a condition to Landlord (on a pro-rata basis, based upon the percentage Landlord’s obligation to pay any amounts of the Tenant Improvements completed) within fifteen (15) days of Tenant's receipt of an invoice for such portion of the Over-Allowance AmountImprovement Allowance. In the event that, after the Cost Proposal Delivery Date, any revisions, changes, or substitutions shall be made to the Construction Drawings or the Improvements as the result of (i) a ratified Tenant Change, or (ii) a change requested by Landlord and reasonably approved by Tenant, then, subject to the terms of Section 2.3 of this Work Letter AgreementImprovements, 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 immediately upon on a prorata basis with Landlord (as reasonably determined by Landlord's request as an addition to ) consistent with the Over-Allowance Amount. Subject to manner in which the terms of Section 2.3 of this Work Letter Agreement, in the event that Tenant fails to deliver the initial 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)is paid.