Common use of Over-Allowance Amount Clause in Contracts

Over-Allowance Amount. On the next business day following the Cost Proposal Delivery Date, Tenant shall deliver to Landlord an 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 (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). The Over-Allowance Amount shall be disbursed by Landlord prior to the disbursement of any then remaining portion of the Improvement Allowance, and such disbursement shall be pursuant to the same procedure as the Improvement Allowance. In the event that, after the Cost Proposal Delivery Date, any revisions, changes, or substitutions shall be made with Tenant's approval to the Construction Drawings or the Improvements, 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. Tenant shall have no obligation to pay Landlord for any costs arising from Landlord's or the Contractor's negligence, willful misconduct or breach of the construction contract.

Over-Allowance Amount. On In the next business day following event of a change order requested by ▇▇▇▇▇▇, any excess of the Cost Proposal Delivery Dateamount of the Suite Improvement, Tenant shall deliver is herein referred to Landlord an amount (as the "“Over-Allowance Amount") equal to the difference between (i) the amount ”. Concurrently with ▇▇▇▇▇▇’s approval of the Cost Proposal and (ii) Proposal, Tenant shall pay the amount of the Improvement Over-Allowance (less any portion thereof already disbursed by Amount to Landlord, or in the process of being disbursed by Landlord, on or before the Cost Proposal Delivery Date). The Any Over-Allowance Amount shall be disbursed by Landlord prior to before the disbursement of any then remaining portion of the Suite Improvement Allowance, Allowance and such disbursement shall be pursuant to the same procedure as Landlord disburses the Suite Improvement Allowance. In the event thatIf, after the Cost Proposal Delivery Dateis approved by Tenant, (1) any revisions, changesrevision is made to the Approved Construction Drawings, or substitutions shall the Suite Improvements are otherwise changed, in each case in a way that increases the Suite Improvement Costs, or (2) the Cost Proposal is otherwise increased to reflect the actual amount of Suite Improvement Costs to be made with Tenant's approval to the Construction Drawings or the Improvements, any additional costs which arise incurred in connection with such revisionsthe performance of the Suite Improvements pursuant to the terms hereof, changes or substitutions then Tenant shall deliver any resulting Over-Allowance Amount (or any other additional costs shall be paid by Tenant resulting increase in the Over-Allowance Amount) to Landlord immediately upon Landlord's request as an addition to ’s request. In the event that any Over-Allowance Amount. Tenant shall have no obligation Amount delivered to pay Landlord for any costs arising from Landlord's or the Contractor's negligence, willful misconduct or breach remains unused upon completion of the construction contractSuite Improvements, such amount shall be credited against Rent.

Over-Allowance Amount. On the next business day following the Cost Proposal Delivery Date, Tenant shall deliver to Landlord an 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 (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). The Over-Allowance Amount shall be disbursed by Landlord prior to the disbursement of any then remaining portion of the Improvement Allowance, and such disbursement shall be pursuant to the same procedure as the Improvement Allowance. In the event that, that after Tenant’s original approval of the Cost Proposal Delivery Datesame, any revisions, changes, or substitutions shall be made with Tenant's approval to the Construction Space Plan, Cost Overview, Cost Estimate, Option Upgrade Schedule, Approved Working Drawings or the ImprovementsTenant Improvements at the request of Tenant, 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 ’s request as an addition “Over-Allowance Amount”. The Over-Allowance Amount shall be disbursed by Landlord prior to the disbursement of any portion of Landlord’s contribution to the construction of the Tenant Improvements. Notwithstanding the foregoing, Tenant shall have the option, exercisable by written notice to Landlord on or before the commencement of construction of the Tenant Improvements, to cause Landlord to provide an allowance of up to Eighty Thousand and 00/100 Dollars ($80,000.00) (the “TI Allowance”) for purposes of funding the Over-Allowance Amount. If Tenant exercises such option, monthly Base Rent payable by Tenant throughout the initial Lease Term shall have no obligation be increased by an amount sufficient to pay Landlord for any costs arising from Landlord's or fully amortize the Contractor's negligenceTI Allowance throughout the initial Lease Term based upon equal monthly payments of principal and interest, willful misconduct or breach with interest imputed on the outstanding principal balance at the rate of ten percent (10%) per annum. If Tenant makes such election, the construction contractparties shall enter into a amendment of this Lease to reflect such increase in Base Rent.

Over-Allowance Amount. On the next business day following In connection with Tenant's approval of the Cost Proposal Delivery DateProposal, Tenant shall deliver to Landlord an be responsible for the 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 (as adjusted for any transfer to or from Adjacent Buildings as provided in, and subject to, Section 2.1 of this Tenant Work Letter above and 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) EXHIBIT B -10- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] (which difference is referred to herein as the "OVER-ALLOWANCE AMOUNT"). The Over-Allowance Amount All costs for Tenant Improvements shall be disbursed fully documented and may be verified by Landlord prior to the disbursement of any then remaining portion of the Improvement Allowance, and such disbursement shall be pursuant to the same procedure as the Improvement AllowanceTenant. In the event that, after the Cost Proposal Delivery Date, Tenant shall request any revisions, changes, or substitutions shall be made with Tenant's approval to the Construction Drawings or the Tenant Improvements, any additional costs which arise in connection with such revisions, changes or substitutions or any other additional costs (in excess of the Tenant Improvement Allowance) shall be paid by Tenant considered to Landlord immediately upon Landlord's request as be an addition to the Over-Allowance Amount. Tenant Amount (which shall have no obligation to pay Landlord for any costs arising from Landlord's or the Contractor's negligence, willful misconduct or breach result in a recalculation of the construction contractamounts to be paid by Tenant pursuant to Sections 4.3.1.1. and 4.3.1.2 below).

Over-Allowance Amount. On Not later than five (5) Business Days after the next business day following date on which Tenant approves (or is deemed to have approved) the Cost Proposal Delivery DateProposal, Tenant shall deliver to Landlord cash in an amount (the "“Over-Allowance Amount"”) equal to the difference between (i) the total amount of the Cost Proposal (the “Total Cost”) and (ii) the amount of the Improvement Allowance Maximum Landlord Contribution (less any portion thereof already disbursed by Landlord, or in the process of being disbursed by Landlord, on or before the Cost Proposal Delivery Datesuch date). The Over-Allowance Amount shall be disbursed by Landlord prior to the disbursement of any then remaining portion of the Improvement AllowanceMaximum Landlord Contribution, and such disbursement shall be pursuant to the same procedure as the Improvement AllowanceMaximum Landlord Contribution. In the event that, after the Cost Proposal Delivery Date, If at any time thereafter any revisions, changes, or substitutions shall be made with Tenant's approval to the Construction Drawings or the Tenant Improvements, 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 ’s request as an addition to the Over-Allowance Amount. Tenant shall have no obligation be responsible for all costs associated with the Tenant Improvements to pay the extent the same exceed the Maximum Landlord for any costs arising from Landlord's or the Contractor's negligence, willful misconduct or breach of the construction contractContribution.

Over-Allowance Amount. On the next date that is five (5) business day following days after the Cost Proposal Delivery Date, Tenant shall deliver to Landlord cash in an 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 (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)Allowance. The Over-Allowance Amount shall be disbursed by Landlord prior to the disbursement of any then then-remaining portion of the Tenant Improvement Allowance, and such disbursement shall be pursuant to the same procedure as the Tenant Improvement Allowance. In the event that, after the Cost Proposal Delivery Date, any revisions, changes, or substitutions shall be made with Tenant's approval to the Construction Drawings or the Tenant Improvements, 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 ’s request as an addition to the Over-Allowance Amount. In the event that Tenant shall have no obligation to pay Landlord for has paid any costs arising from Landlord's or Over Allowance Amount and the Contractor's negligence, willful misconduct or breach final cost of the construction contractTenant Improvements exceeds the sum of the Tenant Improvement Allowance and the Over Allowance Amount paid by Tenant, then that excess, not to exceed the Over Allowance Amount, shall be refunded to Tenant within five (5) business days after final determination by Landlord of the cost of constructing the Tenant Improvements.

Over-Allowance Amount. On the next business day following the Cost Proposal Delivery Date, Tenant shall deliver to Landlord an 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 Tenant Improvement Allowance (less any portion thereof already disbursed by Landlord, or in Allowance. In the process of being disbursed by Landlord, on or before event that the Cost Proposal Delivery Date). The is greater than the amount of the Tenant Improvement Allowance, then Tenant shall pay a percentage of each amount requested by the Contractor or otherwise to be disbursed under this Tenant Work Letter, which percentage shall be equal to the Over-Allowance Amount shall be disbursed divided by Landlord the amount of the Cost Proposal (after deducting from the Cost Proposal any amounts expended in connection with the preparation of the Construction Drawings, and the cost of all other Tenant Improvement Allowance Items incurred prior to the disbursement commencement of any then remaining portion construction of the Improvement AllowanceTenant Improvements), and such disbursement payments by Tenant (the "Over-Allowance Payments") shall be pursuant a condition to Landlord's obligation to pay any amounts from the same procedure as the Tenant Improvement Allowance. In the event that, after the Cost Proposal Delivery Date, any revisions, changes, or substitutions shall be made with Tenant's approval to the Construction Drawings or the Tenant Improvements, 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 added to the Over-Allowance Amount. Tenant Amount and the Final Costs, and the Over-Allowance Payments shall have no obligation to pay Landlord for any costs arising from Landlord's or be recalculated in accordance with the Contractor's negligence, willful misconduct or breach terms of the construction contractimmediately preceding sentence.

Over-Allowance Amount. On the next business day following the Cost Proposal Delivery Date, Tenant shall deliver to Landlord an 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 (less any portion thereof already disbursed by Landlord, or in the process of being disbursed by Landlord, on or before the Cost Proposal Delivery Datecommencement of construction of the Tenant Improvements). The Tenant shall pay, on a monthly basis, within ten ( l 0) business days of written notice from Landlord, a percentage of 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 Amount shall be disbursed divided by Landlord prior to the disbursement of any then remaining portion amount of the Improvement AllowanceCost Proposal, and such disbursement shall be pursuant payment by Tenant shall•be a condition to Landlord's obligation to pay any further amounts of the same procedure as the Tenant Improvement Allowance. In the event that, after the Cost Proposal Delivery Date, any revisions, changes, or substitutions shall be made with Tenant's approval to the Construction Drawings or the Tenant Improvements, 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. Tenant shall have no obligation to pay Landlord for any costs arising from Landlord's or the Contractor's negligence, willful misconduct or breach of the construction contract.

Over-Allowance Amount. On the next business day following the Cost Proposal Delivery DateThe difference, Tenant shall deliver to Landlord an amount (the "Over-Allowance Amount") equal to the difference if any, between (i) the amount of the Cost Proposal approved by Tenant and (ii) the amount of the Tenant Improvement Allowance shall be referred to herein as the "Over-allowance Amount". Within five (less any portion thereof already disbursed by Landlord, or in the process 5) days following approval of being disbursed by Landlord, on or before the Cost Proposal Delivery Date)Proposal, Tenant shall deliver Landlord cash in an amount equal to fifty percent (50%) of the Over-allowance Amount. The remaining fifty percent (50%) shall be delivered by Tenant to Landlord upon Substantial Completion of Tenant Improvements but, in any event, prior to Tenant's occupancy of the Premises. Landlord shall disburse the Over-Allowance Amount shall be disbursed by Landlord prior to the disbursement of any then remaining portion of the Tenant Improvement Allowance, and such disbursement shall be pursuant to the same procedure as the Tenant Improvement Allowance. In the event that, after the Cost Proposal Delivery Date, any revisions, changes, or substitutions shall be made with Tenant's approval to the Construction Drawings or the Tenant Improvements which increase the cost of the Tenant Improvements, any additional costs which arise in connection with such revisions, changes or substitutions or should the cost of the Tenant Improvements increase for any other reason, such additional costs shall be paid by Tenant to Landlord immediately upon Landlord's request as an addition to the Over-Allowance Amount. Tenant shall have no obligation to pay Landlord for any costs arising from Landlord's or the Contractor's negligence, willful misconduct or breach of the construction contract.

Over-Allowance Amount. On the next business day following the Cost Proposal Delivery Dateor before January 1, 2013, Tenant shall deliver to Landlord cash in an 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 (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). The date Tenant remits to Landlord the Over-Allowance Amount shall be disbursed by Landlord prior to the disbursement of any then remaining portion of the Improvement Allowance, and such disbursement shall be pursuant to the same procedure as the Improvement AllowanceAmount). In the event that, after the Cost Proposal Delivery Date, any revisions, changes, or substitutions shall be made with Tenant's approval to the Construction Drawings or the Tenant Improvements, any additional costs which arise in connection with such revisions, changes or substitutions or any other additional costs shall be added to the Cost Proposal and shall be paid by Tenant to Landlord immediately upon Landlord's ’s request as to the extent such additional costs increase any existing Over-Allowance Amount or result in an addition Over-Allowance Amount. Following completion of the Tenant Improvements, Landlord shall deliver to Tenant a final cost statement which shall indicate the final costs of the Tenant Improvement Allowance Items, and if such cost statement indicates that Tenant has underpaid or overpaid the Over-Allowance Amount. , then within ten (10) business days after receipt of such statement, Tenant shall have no obligation deliver to pay Landlord for any costs arising from Landlord's the amount of such underpayment or Landlord shall return to Tenant the Contractor's negligenceamount of such overpayment, willful misconduct or breach of as the construction contractcase may be.