Excess Tenant Improvement Costs. The term "Excess Tenant Improvement Costs" as used herein shall mean and refer to the aggregate of (i) all costs related to any and all Change Requests/Change Orders, and (ii) the amount by which the actual Tenant Improvement Costs (exclusive of all costs referred to in item (i) above) (the "Actual TI Costs") exceed the Tenant Improvement Allowance, subject to the remaining provisions of this Section 10. Tenant shall faithfully pay all of the Excess Tenant Improvement Costs to Landlord in the following described manner. A portion of the Excess Tenant Improvement Costs up to a maximum amount of Four Hundred Fifty Five Thousand Six Hundred Twenty and 00/100 Dollars ($455,620.00), based on Five and 00/100 Dollars ($5.00) per rentable square foot for 91,124 square feet of the Premises, shall be amortized over the initial term of the Lease at the rate of thirteen percent (13%) per annum and such amortized amount (together with interest charges thereon) shall paid by Tenant with, and as part of, the Rent for the Premises in accordance with the provisions and requirements of Section 3 of the Lease (the "Amortized Excess TI Costs"). The portion of the Excess Tenant Improvement Costs in excess of the Amortized Excess TI Costs shall be paid by Tenant, in cash, to Landlord within ten (10) days of Landlord's delivery to Tenant of a written demand therefor together with a reconciliation of such costs. No Work shall be commenced until Tenant has fully complied with the preceding provisions of this Section 10. If Tenant fails to remit the sums so demanded by Landlord pursuant to Section 8 above and this Section 10 within the time periods required, Landlord may, at its option, declare Tenant in default under the Lease.
Excess Tenant Improvement Costs. The term “Excess Tenant Improvement Costs” as used herein shall mean and refer to the aggregate of (i) all costs related to any and all Change Requests/Change Orders, (ii) all extra costs incurred as a result of Tenant Delays, set forth in Section 7 above, and (iii) a construction management fee payable to Landlord in the amount of percent (5%) of all the costs referred to in subsections 10(i) and 10(ii) above. Tenant shall faithfully pay all of the Excess Tenant Improvement Costs to Landlord, in cash, within ten (10) days of Landlord’s delivery to Tenant of a written demand therefor together with a reconciliation of such costs. No Work shall be commenced until Tenant has fully complied with the preceding provisions of this Section 10. If Tenant fails to remit the sums so demanded by Landlord pursuant to Section 8 above and this Section 10 within the time periods required, Landlord may, at its option, declare Tenant in default under the Lease.
Excess Tenant Improvement Costs. Prior to commencing the Work, Landlord ------------------------------- shall submit to Tenant a written statement of the actual Tenant Improvement Costs (the "Actual TI Costs") as then known by Landlord, and such statement shall indicate the amount, if any, by which the Actual TI Costs exceeds the Tenant Improvement Allowance (the "Excess Tenant Improvement Costs"). The term "Excess Tenant Improvement Costs" shall also include the costs related to any and all Change Orders. Tenant agrees, within three (3) days after submission to it of such statement, to execute and deliver to Landlord, in the form then in use by Landlord, an authorization to proceed with the Work. Tenant shall faithfully pay all of the Excess Tenant Improvement Costs to Landlord in cash, concurrently with Tenant's delivery to Landlord of the aforementioned signed written authorization to proceed. No Work shall be commenced until Tenant has fully complied with the preceding provisions of this Section 5. If Tenant fails to remit the sums so demanded by Landlord pursuant to Section 4 above and this Section 5 within the time periods required, Landlord may, at its option, declare Tenant in default under the Lease.
Excess Tenant Improvement Costs. The term "Excess Tenant Improvement Costs" as used herein shall mean and refer to the difference between the Tenant Improvement Cost and the Tenant Improvement Allowance and Excess Tenant Improvement Allowance. Landlord shall be responsible for all Excess Tenant Improvement Costs; provided however, to the extent the Excess Tenant Improvement Costs results from either (i) all costs related to any and all Change Requests/Change Orders, or (ii) all extra costs incurred as a result of Tenant Delays, Tenant shall be responsible for such portion of the Excess Tenant Improvement Costs (“Tenant Contribution”). Tenant shall faithfully pay all of the Tenant Contribution to Landlord, in cash, within ten (10) days of Landlord's delivery to Tenant of a written invoice therefore together with a reconciliation of such costs. In the event Tenant fails to pay the Tenant Contribution to Landlord within such ten (10) day period, each day that payment is not made thereafter shall be considered a Tenant Delay. Additionally, Landlord shall have the same rights and remedies granted to Landlord under the Lease with respect to failures to pay Rent with respect to any failure by Tenant to pay all Tenant Contribution when and as required by this Section (it being agreed that such Tenant Contribution shall be treated the same as Additional Rent for all purposes under the Lease). 9.
Excess Tenant Improvement Costs. The term "Excess Tenant Improvement Costs" as used herein shall mean and refer to the sum equal to the aggregate of the amount by which the actual Tenant Improvement costs exceed the Tenant Improvement Allowance. Tenant shall pay for any and all Excess Tenant Improvement Costs; provided, however, that Tenant may elect to have an amount of up to $36,885.00 of such Excess Tenant Improvements Costs amortized over eighty (80) months of the Lease term at the interest rate of twelve percent (12%) per annum, and the monthly Base Rent otherwise payable by Tenant during the remainder of the Term of the Lease shall be increased by the monthly amount resulting from such amortization.
Excess Tenant Improvement Costs. Subtenant and Sublandlord will each perform their work pursuant to the Work Letter. As described in the Work Letter, Sublandlord is providing Subtenant with an allowance of $32,000.00 ("Allowance") for Subtenant's Work including the amount of $7,000.00 for design services. In addition to paying the Allowance pursuant to the terms of the Work Letter, Sublandlord will advance the actual costs of Subtenant's Improvements (such costs to be approved in writing by Sublandlord pursuant to the Work Letter) in excess of the Allowance which excess is referred to as "Excess Tenant Improvement Costs" up to the amount of $400,000.00. The Excess Tenant Improvement Costs as advanced by Sublandlord will be repaid to Sublandlord by Subtenant as additional rent as described in Section 3.4. 1. Any Excess Tenant Improvement Costs which are over and above the $400,000.00 maximum shall be borne by Subtenant.
Excess Tenant Improvement Costs. Tenant shall pay all costs of designing and constructing the Tenant Improvements that exceed the total Tenant Improvement Allowance. At any time from ten (10) days prior to the commencement of construction of the Tenant Improvements and continuing during construction of the Tenant Improvements, if Landlord reasonably estimates, based on its experience, on industry standards, or on cost estimates for the Tenant Improvements, that the cost to complete the Tenant Improvements will exceed the Tenant Improvement Allowance, then Landlord may require Tenant to deposit with Landlord, within five (5) days after request, an amount equal to that which Landlord estimates to be the excess cost for Tenant Improvements. At the time such funds are to be deposited, Tenant shall also provide to Landlord evidence reasonably satisfactory to Landlord that Tenant has, or has unrestricted access to, the balance of the excess Tenant Improvement cost as estimated by Landlord.
Excess Tenant Improvement Costs. Tenant may apply up to but no more than, Two Dollars ($2.00)/RSF of the Expansion Premises toward costs associated with data and phone cabling, and FF&E (the “Excess Allowance”). Tenant shall not be entitled to any credit, abatement or payment from Landlord in the event that the amount of the Excess Allowance exceeds the actual cost of data and phone cabling and FF&E.
Excess Tenant Improvement Costs. Prior to commencing the Work, ------------------------------- Landlord shall submit to Tenant a written statement of the actual Tenant Improvement Costs (the "Actual TI Costs") (which shall include the amount of any overtime projected as necessary to Substantially Complete the Work by the Completion Date) as then known by Landlord, and such statement shall indicate the amount, if any, by which the Actual TI Costs exceeds the Tenant Improvement Allowance (the "Excess Tenant Improvement Costs"). The term "Excess Tenant Improvement Costs" shall also include the costs related to any and all Change Orders. Tenant agrees, within three (3) days after submission to it of such statement, to execute and deliver to Landlord, in the form then in use by Landlord, an authorization to proceed with the Work, and notice of its election to either amortize the Excess Tenant Improvement Costs over the initial term of the Lease or to pay to Landlord such Excess Tenant Improvement Costs in one of the following described manners:
Excess Tenant Improvement Costs. Tenant shall be responsible for one hundred percent (100%) of all Tenant Improvement Costs in excess of Eighty Dollars ($80.00) per rentable square foot of the Buildings.
