Common use of Final Disbursement Request Clause in Contracts

Final Disbursement Request. Tenant’s Final Disbursement Request shall specify that it is the “Final Disbursement Request,” and shall include: (i) an “Architect’s Certificate of Substantial Completion” on the current AIA form, and an Architect’s certificate for final payment, (ii) a general contractor application for payment on AIA G702 and G703 forms (or such modified version and/or such form of “sworn statement” or “affidavit of payment” as Landlord may require consistent with Illinois laws to protect against mechanics’ and other liens), duly executed and certified under oath (or sworn under penalty of perjury and notarized as Landlord may require consistent with Illinois laws) by the contractor and all Subcontractors, and which shall include execution and certification by the Architect, as further described above respecting Progress Disbursement Requests, (iii) copies of all invoices for the Improvements not previously provided, (iv) a copy of the permanent certificate of occupancy for the New Expansion Space (if required by law, or otherwise such evidence or government inspections and approvals as may be customary), and (v) final, complete, unconditional lien releases by the general contractor and all Subcontractors in such form as Landlord may require consistent with Illinois laws, and (vi) such other evidence as Landlord may reasonably require that the costs of the Improvements have been paid and that no architect’s, engineer’s mechanic’s, materialmen’s or other liens have been or may be filed against the Building or New Expansion Space arising out of the design or performance of such Improvements. Notwithstanding anything to the contrary contained herein, to the extent substantial completion has occurred, but any so-called punch-list items or other items remain to be performed, Landlord may defer paying the Final Disbursement or such portion thereof as Landlord may determine, until all such items are fully completed.

Appears in 1 contract

Samples: Lease (Horizon Pharma, Inc.)

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Final Disbursement Request. Tenant’s Final Disbursement Request shall specify that it is the “Final Disbursement Request,” and shall include: (i) an “Architect’s Certificate of Substantial Completion” on the current AIA form, and an Architect’s certificate for final payment, (ii) a general contractor application for payment on AIA G702 and G703 forms (or such modified version and/or such form of “sworn statement” or “affidavit of payment” as Landlord may require consistent with Illinois laws to protect against mechanics’ and other liens), duly executed and certified under oath (or sworn under penalty of perjury and notarized as Landlord may require consistent with Illinois laws) by the contractor and all Subcontractors, and which shall include execution and certification by the Architect, as further described above respecting Progress Disbursement Requests, (iii) copies of all invoices for the Improvements not previously provided, (iv) a copy of the permanent certificate of occupancy for the New Second Expansion Space (if required by law, or otherwise such evidence or government inspections and approvals as may be customary), and (v) final, complete, unconditional lien releases by the general contractor and all Subcontractors in such form as Landlord may require consistent with Illinois laws, and (vi) such other evidence as Landlord may reasonably require that the costs of the Improvements have been paid and that no architect’s, engineer’s mechanic’s, materialmen’s or other liens have been or may be filed against the Building or New Second Expansion Space arising out of the design or performance of such Improvements. Notwithstanding anything to the contrary contained herein, to the extent substantial completion has occurred, but any so-called punch-list items or other items remain to be performed, Landlord may defer paying the Final Disbursement or such portion thereof as Landlord may determine, until all such items are fully completed.

Appears in 1 contract

Samples: Lease (Horizon Pharma, Inc.)

Final Disbursement Request. Tenant’s Final Disbursement Request shall specify that it is the “Final Disbursement Request,” and shall include: (i) an “Architect’s Certificate of Substantial Completion” on the current AIA form, and an Architect’s certificate for final payment, (ii) a general contractor application for payment on AIA G702 and G703 forms (or such modified version and/or such form of “sworn statement” or “affidavit of payment” as Landlord may require consistent with Illinois laws to protect against mechanics’ and other liens), duly executed and certified under oath (or sworn under penalty of perjury and notarized as Landlord may require consistent with Illinois laws) by the contractor and all Subcontractors, and which shall include execution and certification by the Architect, as further described above respecting Progress Disbursement Requests, (iii) copies of all invoices for the Improvements not previously provided, (iv) a copy of the permanent certificate of occupancy for the New Expansion Space Premises (if required by law, or otherwise such evidence or government inspections and approvals as may be customary), and (v) final, complete, unconditional lien releases by the general contractor and all Subcontractors in such form as Landlord may require consistent with Illinois laws, and (vi) such other evidence as Landlord may reasonably require that the costs of the Improvements have been paid and that no architect’s, engineer’s mechanic’s, materialmen’s or other liens have been or may be filed against the Building Project or New Expansion Space Premises arising out of the design or performance of such Improvements. Notwithstanding anything to the contrary contained herein, to the extent substantial completion has occurred, but any so-called punch-list items or other items remain to be performed, Landlord may defer paying the Final Disbursement or such portion thereof as Landlord may determine, until all such items are fully completed.

Appears in 1 contract

Samples: Horizon Pharma, Inc.

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Final Disbursement Request. Tenant’s Final Disbursement Request shall specify that it is the “Final Disbursement Request,” and shall include: (i) an “Architect’s Certificate of Substantial Completion” on the current AIA form, and an Architect’s certificate for final payment, (ii) a general contractor application for payment on AIA G702 and G703 forms (or such modified version and/or such form of “sworn statement” or “affidavit of payment” as Landlord may require consistent with Illinois laws to protect against mechanics’ and other liens), duly executed and certified under oath (or sworn under penalty of perjury and notarized as Landlord may require consistent with Illinois laws) by the contractor and all Subcontractors, and which shall include execution and certification by the Architect, as further described above respecting Progress Disbursement Requests, (iii) copies of all invoices for the Improvements not previously provided, (iv) a copy of the permanent certificate of occupancy for the New Expansion Space (if required by law, or otherwise such evidence or government inspections and approvals as may be customary), and (v) final, complete, unconditional lien releases by the general contractor and all Subcontractors in such form as Landlord may require consistent with Illinois laws, and (vi) such other evidence as Landlord may reasonably require that the costs of the Improvements have been paid and that no architect’s, engineer’s mechanic’s, materialmen’s or other liens have been or may be filed against the Building or New Expansion Space arising out of the design or performance of such Improvements. Notwithstanding anything to the contrary contained herein, to the extent substantial completion has occurred, but any so-called punch-list items or other items remain to be performed, Landlord may defer paying the Final Disbursement or such portion thereof as Landlord may determine, until all such items are fully completed.

Appears in 1 contract

Samples: Lease (Horizon Pharma, Inc.)

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