Cost Overage definition
Examples of Cost Overage in a sentence
The parties acknowledge that the funds to be paid to the Contractor shall be sourced from two different accounts: (i) direct payment from the Landlord of the Tenant Improvement Allowance; and (ii) payments from the Escrow (for both the Cabling Installation and the Cost Overage, if any).
With respect to any Cost Overage, Landlord shall reasonably confirm the percentage completion of the Tenant Improvements.
All payments to the Contractor from the Escrow Account for any Cost Overage shall be made on a percentage completion basis, and payments from the Escrow Account for the Cabling Installation shall be made once the installation is complete, and Landlord and Tenant have all documents required under this Escrow Agreement.
Tenant shall pay a logistical coordination fee (the “Coordination Fee”) to Landlord in an amount equal to the product of (i) five percent (5%) multiplied by (ii) the sum of the Tenant Improvement Allowance, the Cost Overage, as such amount may be increased hereunder, and any other amounts expended by Tenant in connection with the design and construction of the Tenant Improvements, which Coordination Fee shall be for services relating to the coordination of the construction of the Tenant Improvements.
CUSTOMER shall also pay to KCP&L actual costs exceeding FIVE HUNDRED FIFTEEN THOUSAND SEVEN HUNDRED TWENTY DOLLARS ($515,720) (hereinafter the "Cost Overage") but only to the extent the Cost Overage is reasonably incurred by KCP&L as a direct result of discovery of rock during installation of the Facility.
Notwithstanding anything to the contrary contained herein, in the event the Cost Overage is more than five percent (5%) of the Project Estimate, the Company’s responsibility for such Cost Overage shall be capped and limited to five percent (5%) of the Project Estimate, unless the Company has expressly approved such amounts over five percent (5%) of the Project Estimate in writing as provided under Section 3.1(b).
All payments to the Contractor (both from the Tenant Improvement Allowance and any Cost Overage – but not the Cabling Installation) are subject to retention of fifteen percent (15%) pursuant to the Work Agreement.
In the event that the costs associated with any Designation Rights Asset exceed the designation rights budget (a “Designation Cost Overage”), Buyer shall not be liable for such Designation Cost Overage, other than as a result of damage or destruction of any Real Property Lease or as a result of the Buyer’s gross negligence or willful misconduct.
Merial shall provide written notice of its intent to perform any such audit within 10 days of receipt of the Cost Overage Notice and any such audit shall be completed by Merial within 30 days of the Cost Overage Notice.
Landlord shall commence completion of the Garage promptly following the Effective Date and shall diligently proceed with such work, using commercially reasonable efforts to substantially complete the Garage on or before March 31, 2002, subject to Tenant's obligation to pay for and deposit with Landlord any Cost Overage as set forth below in subparagraph (b) (as qualified by subparagraph (c) below).