Common use of Excess TI Costs Clause in Contracts

Excess TI Costs. Notwithstanding anything to the contrary contained herein, Tenant acknowledges and agrees that Landlord shall have no responsibility for any costs arising from or related to Tenant’s changes to the Space Plan or TI Construction Drawings, delays caused by Tenant (provided that Tenant’s request that the construction of Landlord’s Work not commence until December 2017 as reflected in the Schedule shall not be deemed a “delay caused by Tenant” for the purposes of this Section), the cost of Changes and Change Requests (collectively, “Excess TI Costs”). Tenant shall deposit with Landlord, as a condition precedent to Landlord’s obligation to complete the Tenant Improvements, 100% of the Excess TI Costs. If Tenant fails to deposit any Excess TI Costs with Landlord within 15 days after Landlord’s delivery to Tenant of an invoice therefor, Landlord shall have all of the rights and remedies set forth in the Lease for nonpayment of Rent (including, but not limited to, the right to interest at the Default Rate and the right to assess a late charge). For purposes of any litigation instituted with regard to such amounts, those amounts will be deemed Rent under the Lease.

Excess TI Costs. Notwithstanding anything to the contrary contained herein, Tenant acknowledges and agrees that Landlord shall have no responsibility pay for any the design, permits and construction costs arising from or related to Tenant’s changes to in connection with the Space Plan or construction of the Tenant Improvements and Base Building Work, including, without limitation, the cost of electrical power and other utilities used in connection with the construction of the Tenant Improvements and Base Building Work, the cost of preparing the TI Design Drawings and TI Construction Drawings, delays caused except that Tenant shall be solely responsible for paying Landlord for all costs resulting from Tenant Delays, Changes and Minor Variations resulting from any request by Tenant (provided that Tenant’s request that for modifications to the construction of Landlord’s Work not commence until December 2017 as reflected in the Schedule shall not be deemed a “delay caused by Tenant” for the purposes of this Section)Tenant Improvements or Base Building Work. The costs resulting from Tenant Delays, the cost of Changes and Change Requests (collectively, such Minor Variations are referred to as “Excess TI Costs”). Tenant Landlord shall deposit with Landlord, as a condition precedent to Landlord’s have no obligation to complete the Tenant Improvements, 100% bear any portion of the Excess TI Costs. If Tenant fails to deposit pay Landlord within 10 days after demand for any Excess TI Costs with Landlord within 15 days after Landlord’s delivery to Tenant of an invoice thereforCosts, Landlord shall have all of the rights and remedies set forth in the Lease for nonpayment of Rent (including, but not limited to, the right to interest at the Default Rate and the right to assess a late charge). For purposes of any litigation instituted with regard to such amounts, those amounts will be deemed Rent under the Lease. Notwithstanding anything to the contrary contained herein, Landlord shall not be responsible for the purchase or installation of any furniture, personal property or other non-Building system materials or equipment, including, but not limited to, Tenant’s voice or data cabling, non-ducted biological safety cabinets and other scientific equipment not incorporated into the Tenant Improvements.

Excess TI Costs. Notwithstanding anything to the contrary contained herein, Tenant acknowledges and agrees that Landlord shall have no responsibility for any costs arising from or related to Tenant’s changes Changes to the Space Plan Plans, schematic drawings, design development drawings or TI Construction Drawings, delays caused by Tenant (provided that Tenant’s request that the construction of Landlord’s Work not commence until December 2017 as reflected in the Schedule shall not be deemed a “delay caused by Tenant” for the purposes of this Section)Delays, the cost of Changes and Change Requests (collectively, “Excess TI Costs”). Tenant shall deposit with Landlord, as a condition precedent to Landlord’s obligation to complete the Tenant Improvements, 100% of the Excess TI CostsCosts within 10 business after written request therefor from Landlord. If Tenant fails to deposit any Excess TI Costs with Landlord within 15 days after Landlord’s delivery to Tenant of an invoice therefor, Landlord shall have all of the rights and remedies set forth in the Lease for nonpayment of Rent (including, but not limited to, the right to interest at the Default Rate and the right to assess a late charge). For purposes of any litigation instituted with regard to such amounts, those amounts will be deemed Rent under the Lease. If upon completion of the Tenant Improvements and the payment of all sums due in connection therewith there remains any undisbursed funds actually delivered by Tenant to Landlord for Excess TI Costs, Tenant shall be entitled to such undisbursed funds and Landlord shall refund such undisbursed funds to Tenant.

Excess TI Costs. Notwithstanding anything to the contrary contained herein, Tenant acknowledges and agrees that Landlord shall have no responsibility for any costs arising from or related to Tenant’s changes Changes to the Space Plan or to the TI Construction Drawings, delays caused Drawings approved by Tenant (provided that Tenant’s request that the construction of and Landlord’s Work not commence until December 2017 as reflected in the Schedule shall not be deemed a “delay caused by Tenant” for the purposes of this Section), the cost of the Door Improvements (which the parties anticipate will cost approximately $15,000), Tenant Delays and the cost of Changes and Change Requests (collectively, “Excess TI Costs”). Tenant shall deposit with Landlord, as a condition precedent deliver to Landlord’s obligation to complete the Tenant Improvements, 100% of the Excess TI CostsCosts within 10 days after Landlord’s written invoice therefor following the Substantial Completion of the Tenant Improvements. If Tenant fails to deposit deliver any Excess TI Costs with to Landlord within 15 days after Landlord’s delivery to Tenant of an invoice thereforsuch 10-day period, Landlord shall have all of the rights and remedies set forth in the Lease for nonpayment of Rent (including, but not limited to, the right to interest at the Default Rate and the right to assess a late charge). For purposes of any litigation instituted with regard to such amounts, those amounts will be deemed Rent under the Lease. Funds deposited by Tenant shall be disbursed to pay Excess TI Costs. Notwithstanding anything to the contrary set forth in this Work Letter, Tenant shall be fully and solely liable for Excess TI Costs.