Common use of Tenant Improvements Cost Clause in Contracts

Tenant Improvements Cost. The Tenant Improvements cost (“Tenant Improvements Cost”) shall include all costs of designing and constructing the Tenant Improvements, including but not be limited to: (a) all costs of preliminary and final architectural and engineering plans and specifications for the Tenant Improvements; (b) all costs of obtaining building permits and other necessary authorizations from the City of Sunnyvale, including any engineering costs associated with the completion of State of California energy utilization calculations under Title 24 solely as a result of the Tenant Improvements (and not the Market Ready Improvements); (c) all costs of interior design and finish schedule plans and specifications including as-built drawings; (d) all direct and indirect costs of procuring, constructing and installing the Tenant Improvements in the Premises, including, but not limited to, the construction fee for overhead and profit payable to the General Contractor (which fee shall not exceed 6% of the cost of the work), and the cost of all on-site supervisory staff, office, equipment and temporary services rendered by the General Contractor in connection with construction of the Tenant Improvements. The Tenant Improvements Cost shall all include all costs of completing the Core Restroom Remodeling which are in excess of Landlord’s Share of the Core Restroom Remodeling Costs. Landlord shall not charge Tenant, and Tenant shall not be required to pay any profit, overhead, construction management and/or supervision fees to Landlord or Landlord’s Agents in connection with the Tenant Improvements. Notwithstanding anything to the contrary herein, the Tenant Improvements Costs shall not include (and Landlord shall be solely responsible for and the Tenant Improvements Allowance shall not be used for) the following: (a) costs for improvements which are not shown on or described in the Final Plans and Specifications unless otherwise approved by Tenant; (b) costs incurred due to the presence of Hazardous Materials on the Property; (c) attorneys’ fees incurred in connection with negotiation of construction contracts, and attorneys’ fees, experts’ fees and other costs in connection with disputes with third parties; (d) interest and other costs of financing construction costs; (e) costs incurred as a consequence of construction defects or any default by a contractor; (f) costs due to casualties; (g) penalties and late charges attributable to Landlord’s failure to pay construction costs; (h) wages, labor and overhead for overtime and premium time unless approved in advance by Tenant; (i) any costs of any Title 24 or other work of completing the Market Ready Improvements; and (k) construction costs in excess of the Contract Sum, except for increases set forth in approved change orders.

Appears in 2 contracts

Samples: Lease Agreement (Silk Road Medical Inc), Lease Agreement (Silk Road Medical Inc)

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Tenant Improvements Cost. The Tenant Improvements cost Within thirty (“Tenant Improvements Cost”30) shall include all costs of designing and constructing the Tenant Improvements, including but not be limited to: (a) all costs of preliminary and final architectural and engineering plans and specifications for the Tenant Improvements; (b) all costs of obtaining building permits and other necessary authorizations from the City of Sunnyvale, including any engineering costs associated with the days after completion of State of California energy utilization calculations under Title 24 solely as a result ------------------------ construction of the Tenant Improvements (and not issuance of all Occupancy Permits as provided in Section 4.D of this Lease, or as soon thereafter as reasonably possible, Landlord shall submit to Tenant a detailed itemization of the Market Ready Improvements); (c) all costs total development cost of interior design and finish schedule plans and specifications including as-built drawings; (d) all direct and indirect costs of procuring, constructing and installing the Tenant Improvements in (the Premises"Tenant Improvements Cost"), including, but not limited to, which shall consist of (i) the construction fee for overhead and profit payable amount authorized by Tenant to be paid to the General Contractor (which fee shall not exceed 6% of the cost of the work), and the cost of all on-site supervisory staff, office, equipment and temporary services rendered by the General Contractor in connection with Designated Tenant Improvements Subcontractors for construction of the Tenant Improvements, including, without limitation, labor, materials and equipment, (ii) the reasonable expenses actually incurred by Landlord for its "general conditions" associated with such construction in the categories set forth on Exhibit F attached hereto (the "Tenant Improvements General Conditions") and (iii) an amount equal to eight percent (8%) of the amount specified in the foregoing clause (i) of this Section 4.E as Landlord's Tenant Improvements construction fee. The If the Tenant Improvements Cost shall all include all costs of completing the Core Restroom Remodeling which are in excess of Landlord’s Share of the Core Restroom Remodeling Costs. Landlord shall not charge Tenant, and Tenant shall not be required to pay any profit, overhead, construction management and/or supervision fees to Landlord or Landlord’s Agents in connection with the Tenant Improvements. Notwithstanding anything to the contrary herein, exceeds the Tenant Improvements Costs shall not include (and Landlord Allowance, the difference shall be solely responsible for and paid by Tenant to Landlord within thirty (30) days after submission of such detailed itemization. If the Tenant Improvements Allowance exceeds the Tenant Improvements Cost, the difference shall not be used forpaid by Landlord to Tenant within thirty (30) days after submission of such detailed itemization, or, at Landlord's election, the following: (a) costs for improvements which are not shown on or described in the Final Plans and Specifications unless otherwise approved by Tenant; (b) costs incurred due difference will be credited to the presence first payments of Hazardous Materials Base Rent falling due on a dollar for dollar basis until the Property; (c) attorneys’ fees incurred in connection with negotiation of construction contracts, and attorneys’ fees, experts’ fees and other costs in connection with disputes with third parties; (d) interest and other costs of financing construction costs; (e) costs incurred as a consequence of construction defects or any default by a contractor; (f) costs due to casualties; (g) penalties and late charges attributable to Landlord’s failure to pay construction costs; (h) wages, labor and overhead for overtime and premium time unless approved in advance by Tenant; (i) any costs of any Title 24 or other work of completing the Market Ready Improvements; and (k) construction costs in excess of the Contract Sum, except for increases set forth in approved change ordersdifference is exhausted.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Tenant Improvements Cost. A. The cost of the Tenant Improvements shall be paid for by Tenant, including without limitation, the cost (“of: Standards; space plans and studies; architectural and engineering fees incurred in connection with preparation of the Plans; permits, approvals and other governmental fees; labor, material, equipment and supplies; construction fees and other amounts payable to contractors or subcontractors; taxes; off-side improvements; remediation and preparation of the Premises for construction of the Tenant Improvements Cost”) shall include Improvements; taxes; filing and recording fees; premiums for insurance and bonds; attorneys' fees, financing costs; and all other costs expended or to be expended in the construction of designing and constructing the Tenant Improvements, including but not be limited to: (a) all those costs incurred for construction of preliminary and final architectural and engineering plans and specifications for the Tenant Improvements; (b) all costs elements of obtaining building permits and other necessary authorizations from the City of Sunnyvale, including any engineering costs associated with the completion of State of California energy utilization calculations under Title 24 solely as a result of the Tenant Improvements (and not the Market Ready Improvements); (c) all costs of interior design and finish schedule plans and specifications including as-built drawings; (d) all direct and indirect costs of procuring, constructing and installing the Tenant Improvements in the Premises, including, but not limited to, which construction was performed by Landlord prior in the construction fee execution of the Lease or for overhead and profit payable materials comprising the Tenant Improvements which were purchased by Landlord prior to the General Contractor (which fee shall not exceed 6% execution of the cost Lease; and an administration fee of fifteen percent (15%) of the work), and the total cost of all on-site supervisory staff, office, equipment and temporary services rendered by the General Contractor in connection with construction of the Tenant Improvements. The Provided Tenant Improvements Cost is not in default under the Lease, including this Improvement Agreement, Landlord shall all include all costs of completing contribute a one-time tenant improvement allowance not to exceed $25.00 per square foot times the Core Restroom Remodeling which are in excess of Landlord’s Share rentable area of the Core Restroom Remodeling Costs. Premises, plus a credit for the Building core areas not fully constructed by Landlord (described below), which credit and/or supply of pre-stocked fixtures and/or materials shall not charge Tenantbe by mutual agreement of the parties ("Tenant Improvement Allowance"), and Tenant shall not to be required to pay any profit, overhead, construction management and/or supervision fees to credited by Landlord or Landlord’s Agents in connection with toward the cost of the initial Tenant Improvements. Notwithstanding anything to If the contrary herein, cost of the Tenant Improvements Costs exceeds the Tenant Improvement Allowance, Tenant shall not include pay Landlord such excess cost within three (and Landlord 3) five (5) business days after Landlord's notice to Tenant of such excess cost. No credit shall be solely responsible for and given to tenant if If the cost of the Tenant Improvements Allowance is less than the Tenant Improvement Allowance, Tenant shall not be used forreceive a credit towards Base Rent as follows: Within sixty (60) the following: (a) costs for improvements which are not shown on or described in the Final Plans and Specifications unless otherwise approved by Tenant; (b) costs incurred due to the presence of Hazardous Materials on the Property; (c) attorneys’ fees incurred in connection with negotiation of construction contracts, and attorneys’ fees, experts’ fees and other costs in connection with disputes with third parties; (d) interest and other costs of financing construction costs; (e) costs incurred as a consequence of construction defects or any default by a contractor; (f) costs due to casualties; (g) penalties and late charges attributable to Landlord’s failure to pay construction costs; (h) wages, labor and overhead for overtime and premium time unless approved in advance by Tenant; (i) any costs of any Title 24 or other work of completing the Market Ready Improvements; and (k) construction costs in excess days after Tenant takes possession of the Contract Sumentire Premises Landlord shall deliver a statement to Tenant detailing the actual Tenant Improvement costs spent by Landlord. For every whole $1.00 per square foot of the Tenant Improvement Allowance that is unspent by Landlord Tenant shall receive a rent credit which shall be applied to item for the next month of the Terms. Notwithstanding the foregoing, except for increases set forth in approved change orders.no event shall said rent credit be greater than $3.00 per square foot of the rentable area of the Premises. The Building cores, not fully constructed by Landlord are generally described as follows: 0000 Xxxxxxxx Xxxx & 0000 Xxxxxxxx Xxxx;

Appears in 1 contract

Samples: Sublease Agreement (Divx Inc)

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Tenant Improvements Cost. The Tenant Improvements cost Cost ("Tenant Improvements Cost") shall include all costs and expenses associated with the design, preparation, approval and construction of designing and constructing the Tenant Improvements, including including, but not be limited to, the following: (a) all All costs of preliminary and final architectural and engineering plans and specifications for the Tenant Improvements; Improvements (b) all costs of obtaining building permits including, without limitation, the Final Plans), and other necessary authorizations from the City of Sunnyvale, including any engineering costs associated with the completion of the State of California energy utilization calculations under Title 24 solely as a result legislation; All costs of the Tenant Improvements (and not the Market Ready Improvements)obtaining Permits from local governmental authorities; (c) all All costs of interior design and finish schedule plans and specifications including as-built drawings; (d) all All direct and indirect costs of procuring, constructing and installing the Tenant Improvements in the PremisesExpansion Space, including, but not limited to, the construction fee for overhead and profit payable to the General Contractor (which fee shall not exceed 6% of the cost of the work), and the cost of all on-site supervisory and administrative staff, office, equipment and temporary services rendered by the General Contractor in connection with construction of the Tenant Improvements and all labor (including overtime) and materials constituting the Tenant Improvements. The Tenant Improvements Cost shall all include all costs of completing ; All fees payable to the Core Restroom Remodeling which are in excess of Architect, the Contractor and subcontractors; All construction and project management fees payable by Landlord to Landlord’s Share of the Core Restroom Remodeling Costs. Landlord shall not charge Tenant, and Tenant shall not be required to pay 's property management company or any profit, overhead, construction management and/or supervision fees to Landlord other individual or Landlord’s Agents entity in connection with the inspection and monitoring of the Tenant Improvements; provided, however, that such construction and project management fees shall not exceed the sum of Forty Thousand Dollars ($40,000.00); and Utility connection fees. Notwithstanding anything to the contrary herein, In no event shall the Tenant Improvements Costs shall not Cost include (and Landlord shall be solely responsible for and the Tenant Improvements Allowance shall not be used for) the following: (a) costs for improvements which are not shown on or described in the Final Plans and Specifications unless otherwise approved by Tenant; (b) costs incurred due to the presence of Hazardous Materials on the Property; (c) attorneys’ fees incurred in connection with negotiation of construction contracts, and attorneys’ fees, experts’ fees and other costs in connection with disputes with third parties; (d) interest and other costs of financing construction costs; (e) costs incurred as a consequence of construction defects or any default by a contractor; (f) costs due to casualties; (g) penalties and late charges attributable to Landlord’s failure to pay construction costs; (h) wages, labor and overhead for overtime and premium time unless approved in advance by Tenant; (i) any costs of procuring, constructing or installing in the Premises any Title 24 or other work of completing the Market Ready Improvements; and (k) construction costs in excess of the Contract Sum, except for increases set forth in approved change ordersTenant's Property.

Appears in 1 contract

Samples: To Lease Agreement (Kyphon Inc)

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