ARCHITECT PAYMENTS Clause Samples

ARCHITECT PAYMENTS. Landlord will make progress payments to your Architect (or to you if the Architect certifies to Landlord that you paid such payment directly to the Architect) in accordance with this Section, which payments will be included as part of the Interior Buildout Cost, provided, however, that progress payments and any final payment to your Architect required to be paid by Landlord shall not exceed $2.15 per usable square foot plus any hourly payments and other costs or charges required to be paid to the Architect pursuant to such contract. In order to obtain a progress payment, your Architect must submit a draw request to Landlord. Landlord agrees to promptly process the draw request and make payment to your Architect within twenty five days of Landlord's receipt of the draw request, provided, however, that your Architect may not submit more than one draw request in any calendar month and provided that the draw request for such month must be submitted on or before the second business day of such calendar month . As a condition precedent to Landlord's payment of the initial draw request, the initial Escrow Account amount must have been deposited with the escrow agent. Landlord shall not be required to make payment to your Architect of the final five percent (5%) of the contract sum until (i) the certificate of occupancy for the Premises is issued; (ii) Landlord has received from the Architect two sets of detailed as built final plans and specifications and a computer diskette, if available, containing the final as built plans and specifications; (iii) a certificate from your Architect in the form annexed hereto as SCHEDULE 3.07; and (iv) a final waiver and release of lien. Nothing contained in this Lease shall give your Architect any enforceable rights against Landlord and nothing contained in this Lease shall be construed to be an assumption by Landlord of your obligations under your contract with the Architect.