Unused Improvement Allowance Sample Clauses

Unused Improvement Allowance. If all or any portion of any Improvement Allowance shall not be used, Tenant shall be entitled to the savings and Tenant shall receive a credit therefor to Base Rental.
AutoNDA by SimpleDocs
Unused Improvement Allowance. If all or any portion of any Improvement Allowance shall not be used, Landlord shall be entitled to the savings and Tenant shall receive no credit therefor.
Unused Improvement Allowance. If Tenant uses less than the Improvement Allowance for the Improvements, Tenant may request in a written notice (“Unused Allowance Notice”) delivered to Landlord on or before Allowance Deadline, that the unused portion of the Improvement Allowance be applied as (a) a credit against Tenant’s Monthly Rent obligations not to exceed $5.00 per rentable square foot of the Building in the aggregate and/or (b) to reimburse Tenant for Tenant Changes undertaken by Tenant after the Commencement Date in accordance with Article 22 of the Lease. If Tenant timely and properly delivers the Unused Allowance Notice to Landlord and requests a credit against Monthly Rent, the credit against Tenant's Monthly Rent obligations shall commence following the later of (i) the expiration of the Abatement Period or (ii) thirty (30) days following the delivery of the Unused Allowance Notice to Landlord, and continue thereafter until exhausted. If Tenant timely and properly delivers the Unused Allowance Notice to Landlord and requests reimbursement for such Tenant Changes, Landlord shall reimburse Tenant for the costs of such Tenant Changes within thirty (30) days after the later to occur of (A) the Commencement Date and (B) Landlord's receipt of appropriate lien releases and paid invoices evidencing the costs of the Tenant Changes. Any portion of the Improvement Allowance that is not so requested by Tenant on or before the Allowance Deadline shall revert to Landlord.
Unused Improvement Allowance. In the event the cost to Lessee of constructing the Lessee Improvements is less than the amount of the Improvement Allowance, Lessee shall have the right to apply the unused portion of the Improvement Allowance, up to a maximum amount of Three Hundred Thousand Dollars ($300,000.00) (the "Lessee Improvement Credit") against Lessee's obligation to pay Base Rent during the first year of the term of this Lease. In no event may the Lessee Improvement Credit exceed $300.000.00 and any portion of the Lessee Improvement Credit not used within the first year of the Term of this Lease shall expire at the end of the first year of the Term.
Unused Improvement Allowance. Any unused portion of the Improvement Allowance upon completion of Tenant’s Work will not be refunded to Tenant or monies to which Tenant is entitled; provided, however, so long as Tenant is not in default under the Lease, Tenant shall be entitled to receive a refund from Landlord of any unused portion of the Improvement Allowance, in an amount not to exceed $5.00 per rentable square foot of the Premises (the “Refund Amount”). The Refund Amount shall be used towards Tenant’s actual costs (as documented by invoices) in connection with (a) relocating to the Premises, and/or (b) purchasing and/or installing furniture, fixtures, equipment and/or voice-data cabling and wiring at the Premises. Landlord shall deliver the Refund Amount to Tenant within thirty (30) days after Tenant’s written demand (which demand shall be accompanied by the actual invoices for any services and/or products which Tenant is using the Refund Amount); provided, however, Tenant must make its demand for the Refund Amount on or before November 30, 2006. If Tenant fails to timely demand the Refund Amount on or before November 30, 2006, Landlord shall have no obligation to provide the Refund Amount to Tenant.
Unused Improvement Allowance. Subject to the terms hereof, provided that Tenant is not in default of this Lease, upon notice to Landlord delivered after the Lease Commencement Date and prior to the date (the "Outside Date") that is eighteen (18) months following the Lease Commencement Date, Tenant shall be entitled to utilize any unused portion of the Tenant Improvement Allowance, but in no event in excess of $15.00 for each rentable square foot of the Premises of the Tenant Improvement Allowance, as a credit against the monthly Base Rent due under this Lease. In no event shall Landlord be obligated to pay for Tenant Improvements and/or provide a credit against monthly Base Rent in an aggregate amount that exceeds the Tenant Improvement Allowance. Notwithstanding anything contained herein to the contrary, in the event that Tenant Improvement Allowance is not fully utilized under this Tenant Work Letter (whether for Tenant Improvements or as a credit against Base Rent, as and to the extent permitted hereunder, and with any Base Rent credit having been fully applied) on or before the Outside Date, then such unused amounts shall revert to Landlord and Tenant shall have no further rights with respect thereto. SECTION 3
Unused Improvement Allowance. Notwithstanding Section 4.1 above, if Landlord disburses less than all of the Initial Improvement Allowance to Tenant by the beginning of the thirteenth (13th) full month of the Term, then, the unused portion of the Initial Improvement Allowance, up to five dollars ($5.00) per usable square foot, in the aggregate, shall automatically be applied to reduce the Basic Monthly Rent first ensuing in the thirteenth (13th), fourteenth (14th) and fifteenth (15th) full months of the Term.
AutoNDA by SimpleDocs

Related to Unused Improvement Allowance

  • Improvement Allowance Landlord shall provide Tenant with an allowance for the costs of preparing the Additional Premises for Tenant’s initial occupancy (including the costs of Landlord’s Work and architectural and engineering fees) in an amount not to exceed $67,025.00 (the “Improvement Allowance”), Landlord shall notify Tenant of the total fixed-price construction cost of Landlord’s Work shown on Landlord’s Plans (the “Base Price”), including mxxx-ups as determined hereunder, The Base Price shall hereafter be subject to adjustment for Change Orders (if any). Costs of Building services or facilities (such as electricity, HVAC, and cleaning) and other additional costs (such as permit fees, infiltration and inflow charges, and inspection costs) actually required to implement Landlord’s Work and other variable costs to the extent required to be paid by Tenant under the Lease (such as for review, inspection, and testing) shall thereafter be added to the Base Price (as adjusted for Change Orders). All costs referred to in this paragraph shall be subject to reimbursement from the Improvement Allowance. In the event that the total fixed price of Landlord’s Work (as determined hereunder), together with any related costs reasonably estimated by Landlord, exceeds the Improvement Allowance, Landlord may from time to time require Tenant to pay such excess to Landlord before performing the remaining Landlord’s Work. Except as set forth below, Tenant shall have no right to, and Landlord shall have no obligation to fund, any Improvement Allowance not properly requisitioned by Tenant on or before December 31, 2014. Notwithstanding the foregoing sentence, if Tenant requests by written notice to Landlord any Improvement Allowance unused after the full and final payment of Landlord’s Work, then such amount(s) may be used to reimburse Tenant for its actual, documented third party costs of furniture, cabling and other approved Tenant fixtures in the Additional Premises or toward Tenant’s monthly installments of Annual Fixed Rent beginning on January 1, 2015,

  • Tenant Improvement Allowance Subject to the terms of this Section 38 set forth below, there shall be paid by the Landlord as the Landlord’s contribution toward Tenant’s Initial Alterations, the sum (“Allowance”) of $7,191,555.84, based upon a contribution of $68.04 per rentable square foot for 105,696 rentable square feet in the Initial Premises. Tenant shall submit to Landlord Tenant’s good faith estimate (“Qualified Cost Estimate”) of the Qualified Costs (hereinafter defined) to be incurred by Tenant in connection with its move to and the construction of Initial Alterations in the Premises. Installments of the Allowance shall be payable in accordance with the procedures set forth below. Installments of the Allowance, which shall in no event exceed in the aggregate the amount of the Allowance, shall be paid to Tenant (or, at Landlord’s option if Landlord reasonably determines that Tenant is not paying its contractors and such failure to pay may give rise to a lien against the Building, to the order of the contractor that performed the work set forth in the respective invoices) or, at Tenant’s option to Tenant’s contractors, with respect to Qualified Costs theretofore incurred by Tenant (and not theretofore paid to Tenant or which were Tenant’s responsibility as set forth in this Article 38) for which Tenant has submitted a requisition consisting of, (i) in the case of other than costs incurred under architectural and engineering contracts (collectively “Professional Services Contracts”) or under construction contracts, such as furniture or moving or professional fees that are contracted for by Tenant separate from construction and Professional Services Contracts, paid invoices, (ii) in the case of Professional Services Contracts, invoices, and (iii) in the case of construction costs (a) an application for payment and sworn statement of a contractor performing general contracting work in the Premises substantially in the form of AIA Document G-702 covering all work for which disbursement is to be made to a date specified therein which is part of the construction contract; (b) a certification from an AIA architect substantially in the form of the Architect’s Certificate for Payment which is located on AIA Document G702, Application and Certificate of Payment; (c) contractor’s, project managers and subcontractor’s waivers of liens which shall cover all applicable items of Qualified Costs under such construction contracts for which disbursement is being requested and any other statements and forms required for compliance with the mechanics’ lien laws of the Commonwealth of Massachusetts, together with invoices with respect to such Qualified Costs and such other supporting data as Landlord or Landlord’s Mortgagee may reasonably require; (iv) a cost breakdown for each trade or subcontractor performing the work included in Qualified Costs for which a request for disbursement under such construction contracts is being made; (v) copies of all construction contracts for the such Alterations, together with copies of all change orders, if any; and (iii) a request to disburse from Tenant containing an acknowledgement by Tenant of the work done and a good faith estimate of the cost to complete the Initial Alterations to the Premises. Upon completion of the Initial Alterations, and as part of the requisition for final disbursement of the Allowance for hard construction costs, Tenant shall furnish Landlord with: (1) general contractor and architect’s completion affidavits, (2) full and final waivers of lien, (3) receipted bills covering all labor and materials expended and used, (4) as-built plans of the Alterations, and (5) the certification of Tenant’s architect to the Landlord that, based on on-site observation and the data comprising the application for disbursement, to the best of the architect’s knowledge, information and belief, the Alterations have progressed as indicated in the application, the quality of the Alterations is in accordance with the construction contract documents and the contractor is entitled to; payment of the amount certified in the application. Notwithstanding the foregoing, if the Qualified Cost Estimate exceeds the Allowance, Tenant shall be entitled to payments with respect to any requisition in accordance with the terms hereof except that each individual disbursement of the Allowance by Landlord shall be in the same ratio to the amount properly requisitioned as the Allowance bears to the Adjusted Qualified Cost Estimate (hereinafter defined). “Adjusted

  • TI Allowance Landlord shall provide to Tenant a tenant improvement allowance (collectively, the “TI Allowance”) as follows:

  • Disbursement of the Tenant Improvement Allowance Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord (each of which disbursement shall be made pursuant to Landlord’s standard disbursement process), only for the following items and costs (collectively, the “Tenant Improvement Allowance Items”):

  • Disbursement of Tenant Improvement Allowance During the construction of the Tenant Improvements, Landlord shall make monthly disbursements of the Tenant Improvement Allowance for Tenant Improvement Allowance Items for the benefit of Tenant and shall authorize the release of monies for the benefit of Tenant as follows.

  • Tenant Improvement Allowance Items Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord only for the following items and costs (collectively the “Tenant Improvement Allowance Items”):

  • Construction Allowance Landlord shall provide to Tenant a construction allowance not to exceed $45.00 per rentable square foot in the Premises (the “Construction Allowance”) to be applied toward the Total Construction Costs, as adjusted for any changes to the Tenant’s Work. No advance of the Construction Allowance shall be made by Landlord until Tenant has first paid to the contractor from its own funds (and provided reasonable evidence thereof to Landlord) the anticipated Excess Amount. Thereafter, Landlord shall pay to Tenant the Construction Allowance, to be applied solely toward the remaining Total Construction Costs and not in reimbursement of the Excess Amount paid by Tenant, in multiple disbursements (but not more than once in any calendar month) following the receipt by Landlord of the following items: (i) a request for payment, (ii) final, unconditional or partial lien waivers, as the case may be, from all persons performing work or supplying or fabricating materials for the Tenant’s Work, fully executed, acknowledged and in recordable form, (iii) copies of all invoices and proof of payment of same, and (iv) the Architect’s certification that the Tenant’s Work for which reimbursement has been requested has been finally completed, including (with respect to the last application for payment only) any punch-list items, on the appropriate AIA form or another form approved by Landlord, and, with respect to the disbursement of the last 10% of the Construction Allowance: (1) the permanent certificate of occupancy issued for the Premises, (2) Tenant’s occupancy of the Premises, (3) delivery of the “as-built” plans for the Tenant’s Work as constructed (and as set forth above) to Landlord’s construction representative (set forth below), and (4) an estoppel certificate confirming such factual matters as Landlord or Landlord’s Mortgagee may reasonably request (collectively, a “Completed Application for Payment”). Landlord shall pay the amount requested in the applicable Completed Application for Payment to Tenant within 30 days following Tenant’s submission of the Completed Application for Payment. If, however, the Completed Application for Payment is incomplete or incorrect, Landlord’s payment of such request shall be deferred until 30 days following Landlord’s receipt of the corrected Completed Application for Payment. Notwithstanding anything to the contrary contained in this Exhibit, Landlord shall not be obligated to make any disbursement of the Construction Allowance during the pendency of any of the following: (A) Landlord has received written notice of any unpaid claims relating to any portion of the Tenant’s Work or materials in connection therewith, other than claims which will be paid in full from such disbursement, (B) there is an unbonded lien outstanding against the Project or the Premises or Tenant’s interest therein by reason of work done, or claimed to have been done, or materials supplied or specifically fabricated, claimed to have been supplied or specifically fabricated, to or for Tenant or the Premises, (C) the conditions to the advance of the Construction Allowance are not satisfied, or (D) an Event of Default by Tenant exists. If the Total Construction Costs for the Premises are less than the Construction Allowance, then Tenant shall not be entitled to receive payment or credit for such difference and Landlord shall retain the same. The Construction Allowance must be used (that is, the Tenant’s Work must be fully complete and the Construction Allowance disbursed) within twenty-four (24) months following the Commencement Date or shall be deemed forfeited with no further obligation by Landlord with respect thereto, time being of the essence with respect thereto. The Construction Allowance may be used in Tenant’s discretion for Tenant’s Work with no stipulation from Landlord as to how much of the Construction Allowance is allocated within the various spaces in the Premises.

  • Site Allowance All new construction and extension/refurbishment work having a project value in excess of $2.0m will attract the then current City of Melbourne Site Allowance.

  • Cleaning Allowance The University will pay for the cleaning of Department issued uniforms and necessary work clothing requiring cleaning worn by employees assigned to non-uniformed positions.

  • Shoe Allowance Effective May I, 2002 the employer will provide reimbursement to full time employees who have completed probation and who are employed in the kitchen department once per year, the amount of $60.00 and once every two years the amount of$60.00 for maintenance, stores person, and banquet house person. Employees will receive said amount so long as the shoes are won on the job. Payment will be made on or about July I upon presentation of proof of purchase.

Time is Money Join Law Insider Premium to draft better contracts faster.