Common use of Final Retention Clause in Contracts

Final Retention. Subject to the provisions of this Work Letter (including, without limitation, Section 4.3 below), a check for the Final Retention payable to Tenant shall be delivered by Landlord to Tenant following the completion of construction of the Improvements, provided that (i) Tenant delivers to Landlord properly executed mechanics lien releases in compliance with both California Civil Code Section 8134 and Section 8138 from Tenant’s contractor, subcontractors and material suppliers and any other party which has lien rights in connection with the construction of the Improvements, (ii) Landlord, in Landlord’s reasonable good faith judgment, has determined that no substandard work exists which materially deviates from the “Approved Working Drawings”, as that term is defined in Section 3.4, below, materially adversely affects the Building Systems, the exterior walls of the Building, or the Building Structure or exterior appearance of the Building (provided that Landlord will have thirty (30) days following Tenant’s request for the Final Rentetion in which to determine whether any such substandard work exists and notify Tenant of such determination, failing which Landlord shall be deemed to have determined that no such substandard work exists), and (iii) Tenant delivers to Landlord a certificate issued by Architect, in a form reasonably acceptable to Landlord, certifying that the construction of the Improvements in the Premises has been substantially completed, and (iv) Tenant delivers to Landlord two (2) hard copies and one (1) electronic copy of the “Close-Out Package” (as that term is defined in Section 4.3.3 below).

Final Retention. Subject to the provisions of this Work Letter (including, without limitation, Section 4.3 below)Letter, a check for the Final Retention payable jointly to Tenant and Contractor shall be delivered by Landlord to Tenant provided the following conditions have been satisfied: (i) the completion of construction of the ImprovementsTenant Work has been completed, provided that (i) Tenant delivers ii)Tenant has delivered to Landlord properly executed mechanics lien releases in compliance with both California Civil Code Section 8134 3262(d)(2) and either Section 8138 3262(d)(3) or Section 3262(d)(4) from Tenant’s contractor, subcontractors and material suppliers and 's Agents or any other party which has lien rights in connection with the construction of the Improvementsperson or entity entitled to file a mechanic's lien, (iiiii) Landlord, in Landlord’s reasonable good faith judgment, Landlord has determined that no substandard work exists which materially deviates from the “Approved Working Drawings”, as that term is defined in Section 3.4, below, materially adversely affects the Building Systemsmechanical, electrical, plumbing, heating, ventilating and air conditioning, life-safety or other systems of the Building, the curtain wall of the Building, the structure or exterior walls appearance of the Building, or any other tenant's use of such other tenant's leased premises in the Building Structure or exterior appearance Building, (iv) Tenant has delivered to Landlord a certificate of the Building (provided that Landlord will have thirty (30) days following Tenant’s request occupancy for the Final Rentetion in which Premises, (v) Tenant has not done and has not permitted anything to determine whether be done that would affect the coverage of any such substandard work exists performance or labor and notify Tenant of such determinationmaterial payment bonds required pursuant to Section 4(b) above, failing which Landlord shall be deemed to have determined that no such substandard work exists)(vi) the information and documentation set forth on SCHEDULE 4 attached hereto, and (iiivii) Tenant delivers to Landlord a certificate issued by Architectcertificate, in a form reasonably acceptable to Landlord, certifying that the construction of the Improvements Tenant Work in the Premises has been substantially completed, and (ivviii) Tenant delivers to Landlord two (2) hard copies and one (1) electronic copy has complied with all of the “Close-Out Package” (as that term is defined in other terms of the Work Letter, including, without limitation, Section 4.3.3 below7(b).

Final Retention. Subject to the provisions of this Work Letter (including, without limitation, Section 4.3 below)Letter, a check for the Final Retention payable jointly to Tenant and Contractor, or directly to Contractor at Landlord's sole discretion, shall be delivered by Landlord to Tenant within thirty (30) days following the completion of construction of the Tenant Improvements, provided that (i) Tenant delivers to Landlord (a) paid invoices for all Tenant Improvements and related costs for which the Tenant Improvement Allowance is to be disbursed, (b) signed permits for all Tenant Improvements completed within the Premises, (c) properly executed unconditional mechanics lien releases in compliance with both California Civil Code Section 8134 and either Section 8136 or Section 8138 from Tenant’s 's contractor, subcontractors and material suppliers and any other party which has lien rights in connection with the construction of the Tenant Improvements, (ii) Landlord, in Landlord’s reasonable good faith judgment, Landlord has determined that no substandard work exists which materially deviates from the “Approved Working Drawings”, as that term is defined in Section 3.4, below, materially adversely affects the Building Systemsmechanical, electrical, plumbing, heating, ventilating and air conditioning, life-safety or other systems of the Building, the curtain wall of the Building, the structure or exterior walls appearance of the Building, or the Building Structure or exterior appearance of the Building (provided that Landlord will have thirty (30) days following Tenant’s request for the Final Rentetion in which to determine whether any such substandard work exists and notify Tenant other tenant's use of such determinationother tenant's leased premises in the Building, failing which Landlord shall be deemed to have determined that no such substandard work exists), and (iii) Tenant Architect delivers to Landlord a certificate issued by Architect"Certificate of Substantial Completion", in a form reasonably acceptable to Landlord, certifying that the construction of the Tenant Improvements in the Premises has been substantially completed, and (iv) Tenant delivers to Landlord two a "close-out package" in both paper and electronic forms (2including, as-built drawings, and final record CADD files for the associated plans, warranties and guarantees from all contractors, subcontractors and material suppliers, and an independent air balance report); and (v) hard copies and one (1) electronic copy a certificate of occupancy, a temporary certificate of occupancy or its equivalent is issued to Tenant for the “Close-Out Package” (as that term is defined in Section 4.3.3 below)Premises.

Final Retention. Subject to the provisions of this Tenant Work Letter (including, without limitation, Section 4.3 below)Letter, a check for the Final Retention payable jointly to Tenant and Contractor shall be delivered by Landlord to Tenant following the completion of construction of the ImprovementsExpansion Space, provided that (i) Tenant delivers to Landlord properly executed and fully unconditional mechanics lien releases in compliance with both California Civil Code Section 8134 3262(d)(2) and either Section 8138 from Tenant’s contractor3262(d)(3) or Section 3262(d)(4), subcontractors and material suppliers and any other party which has lien rights in connection with the construction of the Improvements, (ii) Landlord, in Landlord’s reasonable good faith judgment, Landlord has determined that no substandard work exists which materially deviates from the “Approved Working Drawings”, as that term is defined in Section 3.4, below, materially adversely affects the Building Systemsmechanical, electrical, plumbing, heating, ventilating and air conditioning, life-safety or other systems of the Building, the curtain wall of the Building, the structure or exterior walls appearance of the Building, or any other tenant’s use of such other tenant’s leased premises in the Building Structure Building, which determination shall be made promptly after the completion of construction, (iii) Tenant has delivered to Landlord a certificate of occupancy or exterior appearance permit cards signed off by the City with respect to the Expansion Space; (iv) Tenant has delivered to the Office of the Building as-built plans and City-permitted plans for the Tenant Improvements; (provided that v) Tenant has delivered to the Office of the Building operation manuals and warranties for equipment included within the Tenant Improvements, if applicable, and (vi) Tenant has delivered to Landlord will have each of the general disbursement items referenced in Section 2.2.2.3 below. The check for the Final Retention shall be delivered by Landlord to Tenant within thirty (30) days following Tenant’s request for the Final Rentetion in which to determine whether any such substandard work exists and notify Tenant of such determination, failing which Landlord shall be deemed to have determined that no such substandard work exists), and (iii) Tenant delivers to Landlord a certificate issued by Architect, in a form reasonably acceptable to Landlord, certifying that the construction of the Improvements in the Premises has been substantially completed, and (iv) Tenant delivers to Landlord two (2) hard copies and one (1) electronic copy satisfaction of the “Close-Out Package” (as that term is defined in Section 4.3.3 below)foregoing conditions.

Final Retention. Subject to the provisions of this Tenant Work Letter (including, without limitation, Section 4.3 below)Letter, a check for the Final Retention payable jointly to Tenant and Contractor and/or just Tenant where Tenant provided evidence reasonably satisfactory to Landlord that Tenant has paid such Contractor (or other supplier of services or goods) accompanied when appropriate by unconditional lien releases shall be delivered by Landlord to Tenant following the completion of construction of the ImprovementsPremises, provided that (i) Tenant delivers to Landlord properly executed mechanics lien releases in compliance with both California Civil Code Section 8134 3262(d)(2) and either Section 8138 from Tenant’s contractor, subcontractors 3262(d)(3) or Section 3262(d)(4) and material suppliers and any other party which has lien rights in connection with the construction of the Improvements, (ii) Landlord, in Landlord’s reasonable good faith judgment, has determined that no substandard work exists which materially deviates from the “Approved Working Drawings”, as that term is defined in Section 3.4, below, materially adversely affects the Building Systems, the exterior walls of the Building, or the Building Structure or exterior appearance of the Building (provided that Landlord will have thirty (30) days following Tenant’s request for the Final Rentetion in which to determine whether any such substandard work exists and notify Tenant of such determination, failing which Landlord shall be deemed to have determined that no such substandard work exists), and (iii) Tenant Architect delivers to Landlord a certificate issued by Architectcertificate, in a form reasonably acceptable to Landlord, certifying that the construction of the Tenant Improvements in the Premises has been substantially completedcompleted and final lien releases are provided by Tenant; provided, and however, if Landlord has reasonably determined that substantial work exists which (iva) Tenant delivers to Landlord two (2) hard copies and one (1) electronic copy adversely affects the mechanical, electrical, plumbing, HVAC, life-safety or other systems of the “Close-Out Package” Building, the curtain wall of the Building or the structure of the Building or (as that term is defined b) affects the exterior appearance of the Building, or (c) unreasonably interferes with any other tenant's use of such other tenant's leased premises in Section 4.3.3 below)the Building, Landlord may withhold an amount sufficient to allow the appropriate corrective action to be taken to remedy the foregoing and shall pay such withheld amount to Tenant when the corrective action has been taken.