Financial Planning Allowance. The Company shall provide for the Executive an allowance for reimbursement of any expense incurred by the Executive in the preparation of taxes, estate planning or financial counseling in the amount of per calendar year, or such other annual amount designated by the Board. Such reimbursement shall not be grossed up for taxes and shall be paid on or before December 31st of the applicable calendar year and any unused amount shall not be carried over to subsequent years, but shall be forfeited.
Construction In First Offer Space. shall accept the First Offer Space in its then existing “as is” condition, subject to any improvement allowance granted as a component of the First Offer Rent or agreement on the part of to perform work therein as set forth in the applicable First Offer Notice, if any. The construction of improvements in the First Offer Space shall comply with the terms of [Article 8] of this Lease.
Books and Records. At its option, Landlord, at any time within twelve (12) months after final disbursement of the Tenant Improvement Allowance to Tenant, and upon at least ten (10) Business Days prior written notice to Tenant, may cause an audit to be made of Tenants books and records relating to Tenants expenditures in connection with the construction of the Tenant Improvements. Tenant shall maintain complete and accurate books and records in accordance with generally accepted accounting principles of these expenditures for at least twelve (12) months after final disbursement of the Tenant Improvement Allowance to Tenant. Tenant shall make available to Landlords auditor at the Premises within ten (10) Business Days following Landlords notice requiring the audit, all books and records maintained by Tenant pertaining to the construction and completion of the Tenant Improvements. In addition to all other remedies which Landlord may have pursuant to the Lease, Landlord may recover from Tenant the reasonable cost of its audit if the audit discloses that Tenant falsely reported to Landlord expenditures which were not in fact made or falsely reported a material amount of any expenditure or the aggregate expenditures.
“Excess Improvement” means the amount by which the Actual Improvement for a Plan Year exceeds the Expected Improvement.
Tenant shall cause the Tenant Improvements to be constructed in the Premises pursuant to the Work Letter at Tenant’s sole cost and expense; provided Landlord shall provide a tenant improvement allowance to Tenant in connection with the Tenant Improvements not to exceed # (based upon per square foot of Rentable Area (as defined below)) (the “Base TI Allowance”) plus # if properly requested by Tenant pursuant to this Section, (based upon per square foot of Rentable Area) (the “Additional TI Allowance”). The Base TI Allowance, together with Additional TI Allowance (if properly requested by Tenant pursuant to this [Article 4]), shall be referred to herein as the “TI Allowance.” In no event shall any unused TI Allowance entitle Tenant to a credit against Rent payable under this Lease. The TI Allowance may be applied to the costs of # construction, # project review by Landlord (which fee shall equal the lesser of # one and one-half percent (1.5%) of the cost of the Tenant Improvements, including the Base TI Allowance and, if used by Tenant, the Additional TI Allowance and # Landlord’s actual incurred cost for Landlord’s thirty-party agent or representative to review Tenant’s construction and performance of the Tenant Improvements in the Premises), # commissioning of mechanical, electrical and plumbing systems by a licensed, qualified commissioning agent hired by Tenant, and review of such party’s commissioning report by a licensed, qualified commissioning agent hired by Landlord, # space planning, architect, engineering and other related services performed by third parties unaffiliated with Tenant, # building permits and other taxes, fees, charges and levies by Governmental Authorities (as defined below) for permits or for inspections of the Tenant Improvements, # costs and expenses for labor, material, equipment and fixtures and # project management fees to Hughes Marino equal to (and not to exceed) three percent (3%) of the cost of the Tenant Improvements. In no event shall the TI Allowance be used for # the cost of work that is not authorized by the Approved Plans (as defined in the Work Letter) or otherwise approved in writing by Landlord, # payments to Tenant or any affiliates of Tenant, # the purchase of any furniture, personal property or other non-building system equipment, # costs arising from any default by Tenant of its obligations under this Lease or # costs that are recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors).
Notwithstanding any other provisions of this Tenant Work Letter or of the Lease, Landlord shall be responsible, at Landlord's sole cost and expense, and without deduction from the Tenant Improvement Allowance, to construct in a good and workmanlike manner, in accordance with all laws, and deliver the Base Building and "Warm Shell" ("Landlord's Work"), which shall consist of the items set forth on [Schedule 1] to this [Exhibit B] (the "Warm Shell Schedule" and such condition the “Warm Shell Condition”). Landlord estimates that Landlord’s Work shall be completed on or about .
Within ten (10) days after the effective date of Tenants exercise of the First Refusal Right, Landlord and Tenant shall enter into an amendment to this Lease adding the First Refusal Space to the Premises, which amendment shall subject the First Refusal Space or any premises within the Building containing all or a portion of the First Refusal Space, which is contained in the Third Party Offer, to the terms and provisions of this Lease except that all of the material terms of the Third Party Offer, including the Base Rent, lease term, Base Year, rent abatement, and any improvement allowance relating to the First Refusal Space shall be as set forth in the Third Party Offer. Tenant shall accept the First Refusal Space in either its existing as is condition or as provided in the Third-Party Offer (including any improvement allowance provided for therein). Tenants improvements to the First Refusal Space or any premises within the Building containing all or a portion of the First Refusal Space which may be contained in the Third Party Offer shall be designed and installed in accordance with the parties agreement at the time this First Refusal Right is exercised.
One hundred percent (100%) of the Travel and Housing Accommodation Monthly Allowance (“Housing Allowance Percentage”).
Enhanced Medical Insurance Allowance means the medical insurance allowance described in [Section B.1(b)].
If the Improvement is made by or on behalf of ACADIA or any of its Affiliates (“ACADIA Improvement”), such ACADIA Improvement shall be solely owned by ACADIA.
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