Cost of Improvements. “Cost of Improvement” shall mean, with respect to any item or component for which a cost must be determined in order to allocate such cost, or an increase in such cost, to Tenant pursuant to this Tenant Work Letter, the sum of the following (unless otherwise agreed in writing by Landlord and Tenant with respect to any specific item or component or any category of items or components): # all sums paid to contractors or subcontractors for labor and materials furnished in connection with construction of such item or component; # all costs, expenses, payments, fees and charges (other than penalties) paid to or at the direction of any city, county or other governmental or quasi-governmental authority or agency which are required to be paid in order to obtain all necessary governmental permits, licenses, inspections and approvals relating to construction of such item or component; # engineering and architectural fees for services rendered in connection with the design and construction of such item or component (including, but not limited to, the Architect for such item or component and an electrical engineer, mechanical engineer, structural engineer and civil engineer, if applicable); # sales and use taxes; # testing and inspection costs; # the cost of power, water and other utility facilities and the cost of collection and removal of debris required in

Anticipated Cost Report. The ​ shall submit to the ​ an Anticipated Cost Report in the form set forth in [Exhibit 2.17](w) hereof provided by the General Contractor, which indicates the costs anticipated to complete the construction of the Improvements, after giving effect to costs incurred during the previous month and projected costs.

Cost of Collection. If default is made in the payment of this Note, the Borrower shall pay the Holder hereof reasonable costs of collection, including reasonable attorneys’ fees.

As consideration for performance under the terms of this Agreement, [[Organization B:Organization]] shall pay the [[Organization A:Organization]] in accordance with the attached budget ([Exhibit A]). All costs outlined in the budget shall remain firm for the duration of the Study, unless otherwise agreed in writing by the [[Organization A:Organization]] and [[Organization B:Organization]]. Payments are not refundable. If not budgeted, the clinical trial EC/IRB review fee will be paid by [[Organization B:Organization]] directly to the IEC/RB.

Cost of Tenant’s ES Fitout. Except for the ES Allowance (hereinafter defined), all of Tenant’s ES Fitout shall be performed at Tenant’s sole cost and expense, and shall be performed in accordance with the provisions of the Lease (including, without limitation, [Article 11]). Tenant shall pay to Landlord, as additional rent, within ten (10) days after demand therefor, any costs or expenses incurred by Landlord (which shall be reasonably based on Tenant's usage) for the use of elevators and/or hoisting in connection with the performance of Tenant’s ES Fitout.

Technology Transfer Fee and Cost. Denali shall pay to ​ within fifteen (15) days following receipt of an invoice and notice of the completion of the Technology Transfer Plan from ​, a one-time payment of one million five hundred thousand dollars (U.S. $1,500,000).

against such proposal.

any of BRPA’s Representatives receives any inquiry, proposal, offer or submission with respect to a BRPA Competing Transaction (including the identity of the Person making such inquiry or submitting such proposal, offer or submission), after the execution and delivery of this Agreement, and will provide the Company with a copy of such inquiry, proposal, offer or submission.

Mill Road Capital Management LLC and its affiliated funds (“Mill Road”) are pleased to present this proposal (the “Proposal”) to acquire Skullcandy, Inc. (the “Company”), which differs from Mill Road’s proposal of yesterday in that this Proposal provides the Company with greater security that a closing with Mill Road will occur. Specifically, Mill Road is willing to provide to the Company in escrow its and its affiliates’ signatures to the Merger Agreement and related documents, as described below. Additionally, we highlight to the Board that our price is higher than the price in the Existing Merger Agreement (as defined below) by 15 cents per share. The terms of our Proposal are as follows:

the Shareholder shall promptly notify the Parent and the Purchaser, at first orally, and then as soon as practicable and in any event within 24 hours in writing, if the Shareholder receives or otherwise becomes aware of any inquiry, proposal or offer that constitutes or may reasonably be expected to constitute or lead to an Acquisition Proposal for the Company, or any request for copies of, access to, or disclosure of, confidential information relating to the Company or any Subsidiary in connection with an Acquisition Proposal for the Company, including but not limited to information, access, or disclosure relating to the properties, facilities, books or records of the Company or any Subsidiary. Such notice shall include a description of the material terms and conditions of any such Acquisition Proposal, inquiry, proposal, offer or request and the identity of all Persons making the Acquisition Proposal, inquiry, proposal, offer or request, and shall attach copies of all written documents, material or substantive correspondence or other material received in respect of, from or on behalf of any such Persons;