These excerpts taken from the RVBD 10-K filed Feb 15, 2008.
1.1 Allowance. Tenant shall be entitled to a one-time tenant retrofit allowance (the Allowance) in the amount of up to, but not exceeding, Twenty Dollars ($20.00) per rentable square foot of space in the Phase I Premises for the costs relating to the retrofitting of the Phase I Premises (including, but not limited to, permitting, space planning, working drawings and engineering) and construction of Tenants improvements to be permanently affixed to the Premises. In no event shall Landlord be obligated under this Work Letter to make disbursements pursuant to this Work Letter in a total amount that exceeds the Allowance for retrofit work, taking into account debits and credits relative to Base Building Work and retrofit work. Notwithstanding any provision of the Lease to the contrary, all retrofit work for which the Allowance shall have been made available shall be deemed Landlords property under the terms of Subsection 10.3.1 of the Lease. Tenant shall not be entitled to receive, as a credit against Rent or otherwise, any unused portion of the Allowance not used to pay for the retrofit work. Notwithstanding the foregoing, all FF&E and telephone/data cabling shall be at Tenants cost.
1.2 Disbursement of the Allowance. Except as otherwise set forth in this Work Letter, the Allowance shall be disbursed by Landlord for costs related to the construction of the retrofit work and for the following items and costs (collectively, the Allowance Items): (i) payment of the actual fees of the Architect and the Engineers, as those terms are defined in Subsection 2.1 of this Work Letter, payment of the cost of documents and materials supplied by Tenants Engineers in connection with the preparation and review of the plans for the retrofit work and payment of the cost of Landlords engineers for reviewing and monitoring the performance of Tenants Engineers to the extent that such costs are reasonable and are for a review of reasonable scope given customary industry practice; (ii) the cost of any changes to the retrofit work required by applicable building codes (collectively, the Codes); (iii) the cost of testing and inspection costs required by law for the construction of the retrofit work for the work performed by the Contractor and any of the subcontractors related to the construction of the retrofit work; (iv) after-hours freight elevator usage, but only to the extent due to extraordinary scheduling requirements specified by Tenant (above and beyond the compressed schedule contemplated by this Exhibit B) requiring such after-hours service; (v) security and janitorial services required by Landlord in response to extraordinary move-in requests by Tenant; and (vi) trash removal costs.
1.1 Allowance. Tenant shall be entitled to a one-time tenant retrofit allowance (the Allowance) in the amount of up