Common use of Allowance for Tenant Work Clause in Contracts

Allowance for Tenant Work. Prior to the date of this Second Amendment, Tenant has performed certain tenant improvement work (the "TENANT WORK") in the Second Expansion Premises. Landlord shall reimburse Tenant for all or some portion of the total cost to Tenant of all labor, materials, and services supplied in the construction or installment of the Tenant Work, together with all design costs and other fees and expenses properly allocable to the performance of the Tenant Work (Collectively, the "PROJECTS COSTS") through an allowance (the "ALLOWANCE") in an amount of up to $100,000.00. Provided that no default then exists with respect to Tenant's obligation to pay any rent and Tenant is then lawfully in occupancy of the Second Expansion Premises in the routine conduct of its business, Landlord shall pay to Tenant a sum in the amount of the lower of the $100,000.00 or the actual Project Costs within 10 business days after the last to occur of the following: (i) Landlord's building manager's receipt and approval of a statement from Tenant's architect or general contractor (the "SUBSTANTIAL COMPLETION CERTIFICATE") certifying that substantial completion of the Tenant Work has occurred; (ii) Tenant has delivered to Landlord a certificate of occupancy from TOWN OF SALEM for the Second Expansion Premises; (iii) Landlord has received full lien waivers for all of the Tenant Work; and (iv) Tenant has submitted to Landlord a written request for payment of the Allowance. Tenant shall be solely responsible for all Project Costs for the Second Expansion Premises in excess of the Allowance. Project Costs shall not include, and the Allowance shall not be payable with respect to, any overhead or other "internal" costs or expenses of Tenant, any costs or expenses which are not actually paid to third parties unaffiliated with Tenant, or any costs of purchasing, leasing, and/or installing any equipment or other personal property which will not become part of the Second Expansion Premises and the property of Landlord upon installation in the Second Expansion Premises.

Allowance for Tenant Work. Prior Tenant shall receive as a credit against the costs associated with the design and construction of the Tenant Work an amount up to Sixty and 00/100 Dollars ($60.00) per Rentable Square Foot of the date of this Second Amendment, Tenant has performed certain tenant improvement work Premises (the "TENANT WORK") in the Second Expansion Premises“Tenant Work Allowance”). Landlord shall pay the cost of design and construction of the Tenant Work directly to Tenant or, at Tenant’s option, to Tenant’s architect or Tenant’s general contractor, as the case may be. All costs of the Tenant Work in excess of the Tenant Work Allowance shall be payable by Tenant. Except as otherwise provided in this Exhibit, Landlord shall have no obligations to pay, reimburse or allow Tenant for all or some any right OFFICE LEASE Park Ten Plaza - RigNet, Inc. Table of Contents of offset to the extent of any unspent portion of the total cost Tenant Work Allowance. The costs of the Tenant Work shall include all costs to Tenant of all labor, materials, and services supplied be expended in connection with the construction or installment of the Tenant Work, together with all design costs and other fees and expenses properly allocable including but not limited to the performance of the Tenant Work (Collectively, the "PROJECTS COSTS") through an allowance (the "ALLOWANCE") in an amount of up to $100,000.00. Provided that no default then exists with respect to Tenant's obligation to pay any rent and Tenant is then lawfully in occupancy of the Second Expansion Premises in the routine conduct of its business, Landlord shall pay to Tenant a sum in the amount of the lower of the $100,000.00 or the actual Project Costs within 10 business days after the last to occur of the following: (i) Landlord's building manager's receipt architectural and approval of a statement from Tenant's architect or general contractor (engineering fees incurred in connection with the "SUBSTANTIAL COMPLETION CERTIFICATE") certifying that substantial completion preparation of the Tenant Work has occurredTenant’s Plans; (ii) Tenant has delivered to Landlord a certificate of occupancy from TOWN OF SALEM for the Second Expansion Premisesgovernmental agency plan check, permit and other fees (including any code compliance changes required by any governmental entity or authority having jurisdiction thereof); (iii) Landlord has received full lien waivers for all sales and use taxes, if any; (iv) insurance fees associated with the construction of the Tenant Work; (v) testing and inspecting costs; (vi) furniture acquisition and the installation of Tenant’s data and voice cabling and wiring; (vii) relocation costs; and (ivviii) the actual costs and charges for material and labor, contractor’s profit and contractor’s general overhead incurred in constructing the Tenant Work, including Landlord’s administrative fee, which shall be one-half of one percent (0.5%) of such cost of the Tenant Work. Notwithstanding the foregoing, provided Tenant has submitted given Landlord prior written notice no later than 30 days following the Commencement Date, Tenant may elect to Landlord receive a written request for payment credit against Basic Rent in an amount not to exceed Five and 00/100 Dollars ($5.00) per Rentable Square Foot of the AllowancePremises of any unused portion of the Tenant Work Allowance (the “Rent Credit”). Tenant The Rent Credit shall be solely responsible for all Project Costs applied toward Basic Rent commencing with the first months’ Basic Rent due for the Second Expansion Premises in excess of following the AllowanceAbatement Period. Project Costs shall not include, and the The Tenant Work Allowance shall not be payable with respect toavailable to Tenant from the Date of Lease through June 30, any overhead or other "internal" costs or expenses of Tenant, any costs or expenses which are not actually paid to third parties unaffiliated with Tenant, or any costs of purchasing, leasing, and/or installing any equipment or other personal property which will not become part of the Second Expansion Premises and the property of Landlord upon installation in the Second Expansion Premises2019.

Allowance for Tenant Work. Prior Tenant shall receive as a credit against the actual Cost of the Tenant Work (as defined in this Paragraph) an amount up to $6,741,840,00 (the “Tenant Work Allowance”); provided, however, except as expressly provided in this Paragraph 2.1, the Tenant Work Allowance shall not be available for any portion of the Cost of the Tenant Work applicable to the date purchase or installation of this Second Amendmenttrade fixtures, Tenant has performed certain tenant improvement work (the "TENANT WORK") in the Second Expansion Premisesequipment, furniture, furnishings, telephone and data equipment, Cabling, or other personal property, including, without limitation, any demountable walls that constitute movable systems. Landlord shall reimburse pay the Tenant for all Work Allowance directly to Tenant or, at Tenant’s option, to Tenant’s architect or some portion Tenant’s general contractor, as the case may be. All costs of the total cost Tenant Work in excess of the Tenant Work Allowance (“Tenant’s Contribution”) shall be payable by Tenant. The Tenant Work Allowance will be released in installments pro-rata with Tenant’s Contribution, based upon the proportion of the Cost of the Tenant Work that will be paid by the Tenant Work Allowance and the proportion of the Cost of the Tenant Work that will be paid by the Tenant’s Contribution, With each request for release of the Tenant Work Allowance, Tenant must provide Landlord with Tenant’s certification that the Tenant Work can be completed for the remaining pro-rata balance of the Tenant Contribution and Tenant Work Allowance “In-Balance Certification”). If for any reason Tenant cannot deliver the In-Balance Certification, Tenant shall modify the Project Budget (as defined in Paragraph 3.2) and increase Tenant’s Contribution, modify Tenant’s Work, re-bid elements of Tenant’s Work or take other actions so as to allow Tenant to issue the In-Balance Certification. Landlord may withhold release of all labor, materials, and services supplied in the construction or installment Tenant Work Allowance at any time that Tenant cannot deliver the In-Balance Certification until final completion of the Tenant Work. Upon final completion of the Tenant Work, together with all design costs and other fees and expenses properly allocable to the performance Landlord will pay any unutilized portion of the Tenant Work (Collectively, the "PROJECTS COSTS") through an allowance (the "ALLOWANCE") in an amount of up to $100,000.00. Provided that no default then exists with respect Allowance to Tenant's obligation , subject to pay any rent and Tenant is then lawfully in occupancy terms of Paragraph 2.2. “Cost of the Second Expansion Premises Tenant Work” means all costs to be expended in connection with the routine conduct of its business, Landlord shall pay to Tenant a sum in the amount construction of the lower of the $100,000.00 or the actual Project Costs within 10 business days after the last Tenant Work, including but not limited to occur of the following: (i) Landlord's building manager's receipt architectural and approval of a statement from Tenant's architect or general contractor (engineering fees incurred in connection with the "SUBSTANTIAL COMPLETION CERTIFICATE") certifying that substantial completion preparation of the Tenant Work has occurredTenant’s Plans (as defined in Paragraph 3.1); (ii) Tenant has delivered to Landlord a certificate of occupancy from TOWN OF SALEM for the Second Expansion Premisesgovernmental agency plan check, permit and other fees (including any changes required by any governmental entity or authority having jurisdiction thereof); (iii) Landlord has received full lien waivers for all sales and use taxes, if any; (iv) insurance fees associated with the construction of the Tenant Work; (v) testing and inspecting costs; and (ivvi) the actual costs and charges for material and labor, contractor’s profit and contractor’s general overhead incurred in constructing the Tenant has submitted to Landlord a written request for payment Work, plus Landlord’s administrative fee, which shall be three percent (3%) of the Tenant Work Allowance, unless SteelWave CDS, Inc. is selected as the general contractor pursuant to Paragraph 4, in which case Landlord will waive such administrative fee. The Tenant Work Allowance shall be solely responsible for all Project Costs for available to Tenant through the Second Expansion Premises in excess date that is 18 months after the Date of Lease (“Allowance Deadline”). Landlord shall have no obligation to pay, reimburse or allow Tenant any right of offset to the extent of any unspent portion of the Allowance. Project Costs shall not include, and Tenant Work Allowance remaining on the Allowance shall not be payable with respect to, any overhead or other "internal" costs or expenses of Tenant, any costs or expenses which are not actually paid to third parties unaffiliated with Tenant, or any costs of purchasing, leasing, and/or installing any equipment or other personal property which will not become part of the Second Expansion Premises and the property of Landlord upon installation in the Second Expansion PremisesDeadline.