Common use of Refurbishment Allowance Clause in Contracts

Refurbishment Allowance. On December 1, 2005, Landlord shall provide to Tenant an allowance (the “Refurbishment Allowance”) of Two Hundred Fifty Thousand Dollars ($250,000) to be used by Tenant to design and construct improvements in the Premises; provided, however, that Landlord shall have no obligation to provide the Refurbishment Allowance if at such time (a) Tenant is the subject of a bankruptcy proceeding or any other insolvency proceeding, or (b) Tenant is in Default, or any circumstance exists which, with the giving of notice or the passage of time, or both, would constitute a Default. All improvements constructed with the Refurbishment Allowance shall be subject to the provisions of the Lease governing alterations to the Premises, and, unless waived in writing by Landlord, Xxxxxxxx Xxxx Dallas Fort Worth (or its designee) shall serve as the construction manager for such improvements. The Refurbishment Allowance shall be used only for payment of the following: (i) costs, including professional fees, of the architect and other design and planning costs in connection with tenant improvements constructed in the Premises; (ii) the costs of labor and material associated with the construction of the tenant improvements in the Premises; and (iii) a fee equal to four percent (4%) of the sum of all design, planning and construction costs associated with the construction of the tenant improvements in the Premises, unless Landlord has waived in writing the requirement that Xxxxxxxx Xxxx Dallas Fort Worth (or its designee) serve as construction manager, in which event no fee shall be owed. Landlord shall have the right to require, as a condition to any disbursement of any portion of the Refurbishment Allowance requested by Tenant, that Tenant provide Landlord copies of invoices and/or similar evidence that the requested disbursement is for one of the purposes set forth in the foregoing clauses (i), (ii) or (iii). In no event shall Landlord have any obligation to make any disbursement of the Refurbishment Allowance requested after May 1, 2006, it being agreed that after such date any unused portion of the Refurbishment Allowance shall be deemed forfeited by Tenant. Each payment of the Refurbishment Allowance shall be made within thirty (30) days after Landlord has received a request therefor together with all other documents reasonably required by Landlord.

Refurbishment Allowance. On December 1Notwithstanding anything to the contrary contained herein, 2005, Landlord Tenant shall provide be entitled to Tenant an allowance (reconfigure the “Refurbishment Allowance”) of Two Hundred Fifty Thousand Dollars ($250,000) to be used by Tenant to design Reduced Premises and construct otherwise renovate the then-existing tenant improvements in the Reduced Premises in accordance with the Section 9. In connection therewith, Tenant shall be entitled to a one-time refurbishment allowance in the amount of ______________________ (the "Refurbishment Allowance"), for the costs relating to the reconfiguration of the Reduced Premises, and the design and constructions of certain renovations to be permanently affixed to the Reduced Premises (the "Refurbished Improvements"). In no event shall Landlord be obligated to make disbursements for the Refurbished Improvements pursuant to this Section 9 for Refurbished Improvements not completed by December 31, 2009 (as extended for any delays caused by Landlord or its contractors). Notwithstanding anything in this Section 9 to the contrary, so long as such Refurbished Improvements are completed by December 31, 2009, Tenant may utilize a portion of the Refurbishment______________________ (i) cabling within the Reduced Premises, (ii) expenses incurred for furniture reconfiguration and equipment relocation necessitated by the constriction of the Refurbisheed Improvements, and (iii) professional project management fees and architectural fees related to the refurbishment and reconfiguration of the Reduced Premises; provided, however, that Landlord shall have no obligation to provide such utilization of a portion of the Refurbishment Allowance if at such time (a) Tenant is the subject of a bankruptcy proceeding or any other insolvency proceeding, or (b) Tenant is in Default, or any circumstance exists which, with the giving of notice or the passage of time, or both, would constitute a Default. All improvements constructed with the Refurbishment Allowance shall must be subject to the provisions of the Lease governing alterations to the Premises, and, unless waived in writing by Landlord, Xxxxxxxx Xxxx Dallas Fort Worth (or its designee) shall serve as the construction manager for such improvements. The Refurbishment Allowance shall be used only for payment of the following: (i) costs, including professional fees, of the architect and other design and planning costs in connection with tenant improvements constructed in the Premises; (ii) the costs of labor and material associated with the construction of the tenant improvements in the Premises; and (iii) a fee equal to four percent (4%) of the sum of all design, planning and construction costs associated with the construction of the tenant improvements in the Premises, unless Landlord has waived in writing the requirement that Xxxxxxxx Xxxx Dallas Fort Worth (or its designee) serve as construction manager, in which event no fee shall be owed. Landlord shall have the right to require, as a condition to any disbursement of any portion of the Refurbishment Allowance requested by Tenant, that Tenant provide Landlord copies of invoices and/or similar evidence that the requested disbursement is for one of the purposes set forth in the foregoing clauses (i), (ii) or (iii). In no event shall Landlord have any obligation to make any disbursement of the Refurbishment Allowance requested after May 1, 2006, it being agreed that after such date any unused portion of the Refurbishment Allowance shall be deemed forfeited by Tenant. Each payment of the Refurbishment Allowance shall be made within thirty (30) days after Landlord has received a request therefor together with all other documents reasonably required by LandlordRefurbished Improvements.

Refurbishment Allowance. On December 1, 2005, Landlord shall provide agrees to Tenant an allowance contribute the sum (the “Refurbishment Allowance”"REFURBISHMENT ALLOWANCE") of up to One Hundred Eighty Three Thousand Five Hundred Thirty-Two Hundred Fifty Thousand Dollars ($250,000183,532.00) to be used for the costs of the refurbishment of the Tenant Improvements in the Existing Premises incurred by Tenant after the date hereof. Landlord shall only be obligated to make disbursements from the Refurbishment Allowance to the extent costs are incurred by Tenant to design and construct improvements refurbish the Tenant Improvements located in the Existing Premises; provided. If the cost of refurbishing such existing Tenant Improvements does not exceed the Refurbishment Allowance, however, that Landlord shall have retain the difference. Provided Tenant is not in default under the Lease (and no obligation to provide circumstance exists that would, with notice or lapse of time, or both, constitute a default under the Lease), Landlord shall, on November 30, 2003, disburse the Refurbishment Allowance if at such time (a) or so much thereof as Tenant is entitled to, provided that Landlord has received evidence reasonably satisfactory to Landlord of the subject costs incurred by Tenant with respect to such work. If, on November 30, 2003, Tenant has provided the required evidence of a bankruptcy proceeding or any other insolvency proceeding, or (b) incurred costs but is not entitled to disbursement of the Refurbishment Allowance because Tenant is in Default, default under the Lease or any a circumstance exists whichthat would, with the giving of notice or the passage lapse of time, or both, would constitute a Default. All improvements constructed with default under the Lease, then upon the cure of all defaults and circumstances that could give rise to a default, Landlord shall disburse to Tenant the Refurbishment Allowance shall be subject to the provisions of the Lease governing alterations to the Premises, and, unless waived in writing by Landlord, Xxxxxxxx Xxxx Dallas Fort Worth (or its designee) shall serve so much thereof as the construction manager for such improvements. The Refurbishment Allowance shall be used only for payment of the following: (i) costs, including professional fees, of the architect and other design and planning costs in connection with tenant improvements constructed in the Premises; (ii) the costs of labor and material associated with the construction of the tenant improvements in the Premises; and (iii) a fee equal to four percent (4%) of the sum of all design, planning and construction costs associated with the construction of the tenant improvements in the Premises, unless Landlord has waived in writing the requirement that Xxxxxxxx Xxxx Dallas Fort Worth (or its designee) serve as construction manager, in which event no fee shall be owed. Landlord shall have the right to require, as a condition to any disbursement of any portion of the Refurbishment Allowance requested by Tenant, that Tenant provide Landlord copies of invoices and/or similar evidence that the requested disbursement is for one of the purposes set forth in the foregoing clauses (i), (ii) or (iii)entitled to. In no the event shall Landlord have any obligation Tenant is entitled to make any disbursement of the Refurbishment Allowance requested after May 1, 2006, it being agreed that after such date any unused portion of the Refurbishment Allowance shall be deemed forfeited by Tenant. Each payment of the Refurbishment Allowance shall be made Allowance, or any portion thereof, in accordance with this Paragraph 12 and Landlord fails to pay the same to Tenant within thirty (30) days after Landlord has received a request therefor together with all following Landlord's receipt of written notice thereof, then Tenant may, in addition to any other documents reasonably required by Landlordremedies available to Tenant, offset the Refurbishment Allowance, or so much thereof as Tenant is entitled to, against the next installment(s) of Basic Rent.