Disbursement of Allowance. Landlord shall pay without offset or deduction, except for the Construction Management Fee, to Tenant or to others as designated by Tenant an improvement allowance of up to Thirty Dollars ($30.00) per rentable square foot of the Demised Premises (the “Improvement Allowance”) from time to time in accordance with the provisions of this Article 4, provided an Event of Default shall not then be continuing and Tenant shall be in possession of the Demised Premises for the conduct of its business or the completion of the Tenant Improvements. The Improvement Allowance may apply to hard and soft costs associated with the construction of the Tenant Improvements (but shall not apply to the purchase of furniture, moving expenses or other costs ancillary to Tenant’s relocation to the Demised Premises) and shall be disbursed as provided below. Tenant may request payment of the allowance applicable to such work from time to time (but not more frequently than once a calendar month) by delivering to Landlord a disbursement request (each, a “Disbursement Request”), each of which Disbursement Requests shall be accompanied by (i) a certificate from the Architect that the portion of Tenant Improvements requested in the Disbursement Request is substantially complete; and (ii) photocopies of invoices evidencing that the amount being requested pursuant to such Disbursement Request has been paid or incurred by Tenant in connection with the Tenant Improvements; and (iii) except in the case of the first Disbursement Request, lien releases from Tenant’s general contractor (or construction manager, as the case may be) for all work and services completed by such persons through the date of the Disbursement Request immediately preceding the Disbursement Request in question. Provided Landlord receives such request, together with all supporting documentation required above, on or before the 10th day of the calendar month in which the request is made, Landlord, on or before the 30th day of the same month, shall pay to Tenant or to others as designated by Tenant the amount being requested in such Disbursement Request. Notwithstanding anything to the contrary contained herein, the final Disbursement Request shall not be paid until all of the following have occurred: (i) the Tenant Improvements are Substantially Completed and invoices therefor are presented to Landlord; (ii) Tenant provides evidence that the Tenant Improvements have otherwise been paid for in full or will be paid in full upon...
Disbursement of Allowance. During the construction of the Improvements, Tenant may request, and Landlord shall make monthly disbursements of the Allowance for the benefit of Tenant and shall authorize the release of monies for the benefit of Tenant as follows:
Disbursement of Allowance. The Tenant Improvement Allowance shall be made available to Tenant on the Delivery Date at which time the Tenant shall be entitled and it is Tenant’s intent to draw upon the Tenant Improvement Allowance to fully offset Base Rent on a monthly basis, starting from the Expansion Rent Commencement Date without any required notice to Landlord, until such Tenant Improvement Allowance is fully utilized. However, should Tenant want to utilize the Tenant Improvement Allowance other than to offset Base Rent, Tenant must provide at least sixty (60) days’ written notice directing Landlord to apply a portion of the Tenant Improvement Allowance to reimburse for Tenant Improvements. If any amount is paid in a lump sum pursuant to Section 3.2 or Section 3.3, such amount will reduce the Tenant Improvement Allowance available to offset Base Rent or Tenant Improvements. Tenant must request any unused Tenant Improvement Allowance on or before May 1, 2027 (the “Draw Period”), time being of the essence. If Tenant fails to timely give Landlord a written request for the application of any unused Tenant Improvement Allowance prior to the expiration of the Draw Period, then Landlord shall credit such balance to the payment of Base Rent next coming due. If Tenant’s request is for reimbursement, then such request must include reasonable supporting documentation that Tenant has paid for the Tenant Improvements and/or out-of-pocket costs actually incurred by Tenant in connection fixturizing and furnishing of the Premises, including, but not limited to, (A) paid invoices from Tenant’s contractor and suppliers for labor rendered and materials delivered to the Premises; (B) properly executed unconditional waiver and release on final payment forms of mechanics lien releases from Tenant’s contractor and suppliers, and (C) such other information that may be reasonably requested by Landlord. Landlord shall have no obligation to pay the Tenant Improvement Allowance (or provide a Base Rent credit) if any Default exists at the time of requesting the Tenant Improvement Allowance or at the time such installment is to be paid. The payment of the Tenant Improvement Allowance is personal to the Tenant and may only be collected if the Tenant occupies the entire Expansion Premises as of the date of the Tenant Improvement Allowance request.
Disbursement of Allowance. During the construction of the Tenant Improvements, no more frequently than monthly, Landlord shall make disbursements of the Allowance for Allowance Items and/or shall authorize the release of monies as follows:
Disbursement of Allowance. Once a month, on or before the tenth (10th) day of the month, Tenant shall present to Landlord a Request for Disbursement ("Request for Disbursement") requesting payment by Landlord of any costs associated with the design, engineering or construction of the tenant improvements for the Premises. The Request for Disbursement shall include the following information:
(i) A certificate from Tenant confirming that all of the work contained in the Request for Disbursement has been completed in accordance with the applicable contracts.
(ii) Unconditional mechanics lien releases and copies of invoices from the Contractor, subcontractors, suppliers and materialmen marked "Paid."
(iii) And such other reasonable documentation as may be requested by Landlord not later than the twenty-fifth (25th) day of the previous month.
Disbursement of Allowance. Landlord shall disburse that portion of the Allowance, as evidenced by paid invoices, to Tenant or directly to Tenant’s contractors upon Tenant’s instruction within thirty (30) days after Tenant delivers to Landlord: (i) paid invoices from Tenant’s Agents (as defined in Section 5.1.2 below) for labor rendered and materials relating to Tenant Improvements, and (ii) executed mechanic’s lien releases for all work requested to be paid for from the Allowance. If the cost of Tenant’s Work exceeds the Allowance, Tenant shall be solely responsible for payment of all costs in excess of the Allowance. Any portion of the Allowance unused as of January 31, 2014 will not be refunded to Tenant or be available to Tenant as a credit against any obligations of Tenant under the Lease.
Disbursement of Allowance. During the construction of the applicable portion of the Base Building Improvement Additions and the Tenant Improvements, Landlord shall make monthly disbursements of the Base Building Improvement Allowance and the Tenant Improvement Allowance, as applicable, to reimburse Tenant for Allowance Items with respect to such Tenant Improvements and shall authorize the release of funds as follows, and otherwise in accordance with such disbursement procedures as Landlord shall reasonably require from time to time.
Disbursement of Allowance. Provided the Lease is in full force and effect and Tenant is not in default under the Lease beyond the expiration of any applicable cure period, Landlord shall pay in progress payments (and Tenant hereby directs Landlord to pay directly to Tenant's general contractor) the Allowance to pay for the Tenant Improvement Work as follows:
(i) No more frequently than once per month, Tenant shall cause Tenant's general contractor to deliver to Landlord, by the fifth (5th) day of each month (the "Current Month") an application for payment in the form of a typed, itemized, reasonably detailed statement (the "Statement"). The Statement shall be applicable to the period commencing on the first (1st) day of the month preceding the Current Month and ending on the last day of each month (the "Payment Request Period"). Delivered with the Statement shall be (A) evidence of the absence of liens which are the subject of the Statement as reasonably required by Landlord (including, without limitation, conditional lien releases applicable to all work performed prior to or during the Payment Request Period, (B) invoices, receipts and bills evidencing the costs which are the subject of the Statement (collectively, the "Supporting Items"), (C) a certificate of Tenant's Architect certifying that the portions of the Tenant Improvement Work reflected on such Supporting Items have been completed in accordance with the Final Plans, and (D) a notification of the estimated amount of the statement and invoices which will need to be paid with respect to the next succeeding Payment Request Period (the "Next Funding Notice"). The Statement shall constitute a representation by Tenant that the work identified therein has been approved by Tenant and performed in accordance with the Final Plans, the requirements of the Lease and this Tenant Improvement Agreement and that Tenant's general contractor has been paid in full for all work performed prior to and during the Payment Request Period.
(ii) All Statements from the Tenant's general contractor (except for the final payment) shall be for no more than ninety (90%) percent of the cost of the work performed, providing for a ten (10%) percent retainer. Except as hereinafter set forth, Landlord will review the Statement and the Supporting Items for each Payment Request Period and will, within thirty (30) days after receipt of said Statement, the Supporting Items and the Next Funding Notice pay (and Tenant hereby directs Landlord to pay) to the party(...
Disbursement of Allowance. Upon the completion of the construction and installation of the Construction Items, Landlord shall make one disbursement of the Allowance for Allowance Items for the benefit of Tenant and shall authorize the release of the Allowance for the benefit of Tenant as follows.
Disbursement of Allowance. Upon completion of the Tenant Improvements (as determined by Landlord) and following expiration of the lien period (as defined below) and provided there are no unpaid claims received by Landlord or construction related liens filed against the Premises before expiration of the lien period, Landlord shall, upon written request from Tenant, disburse the Allowance directly to Tenant (or, as Landlord may determine, by joint check to Tenant and the general contractor). The written request shall be accompanied by construction and other cost vouchers and invoices, together with (i) a list of all work performed and (ii) unconditional final lien releases from the contractors and materialmen in the form required by Civil Code Section 3262 for the Tenant Improvements. Each of the foregoing documents shall be initialed by Tenant and the Contractor. The initials shall indicate approval of all documents. All vouchers and invoices for construction costs presented by Tenant to Landlord shall constitute a representation on the part of Tenant that the funds referred to therein have been used solely for paying only the direct costs of construction of the Tenant Improvements. In the event Landlord has paid utility bills during construction (including, without limitation, electrical and water charges) the amount of said bills shall be deducted from the Allowance disbursed to Tenant. Tenant shall indemnify, defend and hold Landlord harmless from all liability, claims and causes of action for payment of any voucher as presented. The words "EXPIRATION OF THE LIEN PERIOD" shall mean thirty-five (35) days after the filing of the Notice of Completion for the Tenant Improvements and the complete, conditional releases by the Contractor and all subcontractors and materialmen of their respective lien rights against the Premises. If a Notice of Completion is not filed for record, "expiration of the lien period" shall mean ninety-five (95) days after completion of construction, as determined by Landlord's representative, and the complete, conditional releases by the Contractor and all subcontractors and materialmen of their respective lien rights against the Premises.
