Common use of IMPROVEMENTS ADVANCES Clause in Contracts

IMPROVEMENTS ADVANCES. Each advance of the Loan from the Fujitsu Tenant Improvements line item of the Budget, and each advance of funds from the Capital Replacements Reserve, shall be made on the following terms and conditions: 1. Each request for such an advance shall specify the amount requested, shall be on forms satisfactory to Lender, and shall be accompanied by appropriate invoices, bills paid affidavits, lien waivers, title updates, endorsements to the title insurance, and other documents as may be required by Lender. Such advances may be made, at Lender's election, either: (a) in reimbursement for expenses paid by Borrower, or (b) for payment of expenses incurred and invoiced but not yet paid by Borrower, or (c) with respect to tenant improvements, by funding allowances for tenant improvements (the "Fujitsu TI's") undertaken to be constructed by Fujitsu Ten Corp. of America ("Fujitsu") and completed in accordance with its lease with Borrower dated May 1, 2012 (the "Fujitsu Lease"). Lender, at its option and without further direction from Borrower, may disburse any advance to the Person to whom payment is due or through an escrow satisfactory to Lender. Borrower hereby irrevocably directs and authorizes Lender to so advance the proceeds of the Loan or the Capital Replacements Reserve, as applicable. All sums so advanced from the Fujitsu Tenant Improvements line item shall constitute advances of the Loan and shall be secured by the Loan Documents. Lender may, at Borrower's expense, conduct an audit, inspection, or review of the Project to confirm the amount of the requested advance. 2. Borrower shall have submitted and Lender shall have approved (a) for capital replacements work only, the improvements to be constructed, (b) for capital replacements work only, the plans and specifications for such improvements, which plans and specifications may not be changed without Lender's prior written consent, and (c) if requested by Lender, each contract or subcontract for an amount in excess of $20,000 for the performance of labor or the furnishing of materials for such improvements. 3. Borrower shall have submitted and Lender shall have approved the time schedule for completing the capital replacements work. After Lender's approval of a detailed budget for such capital replacements work, such budget may not be changed without Lender's prior written consent. If the estimated cost of such capital replacements work exceeds the unadvanced portion of the amount allocated therefor in the approved budget, then Borrower shall provide such security as Lender may require to assure the Lien-free completion of such work before the scheduled completion date. 4. If requested by Lender, Borrower shall have delivered to Lender reasonably satisfactory evidence that Fujitsu has satisfied the conditions under the Fujitsu Lease for the tenant improvement allowance disbursement that corresponds to Borrower's requested Loan advance. 5. All Fujitsu TI's constructed prior to the date an advance is requested shall be completed to the satisfaction of Lender and Lender's engineer and in accordance with the plans and budget for such work and all legal requirements. If Lender wishes to conduct an inspection of the Fujitsu premises at the Project to confirm satisfaction of the foregoing condition, Lender shall endeavor to coordinate such inspection with any inspection planned by Borrower, and shall otherwise use commercially reasonable efforts to schedule any such inspection so as to minimize any disruption in Fujitsu’s tenant improvement work and allow Borrower to meet its funding obligations under the Fujitsu Lease in a timely manner (provided Borrower has timely satisfied all of its obligations under this Agreement with respect to the requested Loan advance). 6. All capital replacements work constructed prior to the date an advance is requested shall be completed to the satisfaction of Lender and Lender's engineer and in accordance with the plans and budget for such work, as approved by Lender, and all legal requirements. 7. Borrower shall not use any portion of any advance for payment of any other cost except as specifically set forth in a request for advance approved by Lender in writing. 8. Each advance, except for a final advance, shall be in the amount of actual costs incurred less ten percent (10%) of such costs as retainage to be advanced as part of a final advance. 9. No funds will be advanced for materials stored at the Project unless Borrower furnishes Lender satisfactory evidence that such materials are properly stored and secured at the Project. 10. Borrower shall have submitted to Lender evidence (including canceled checks, invoices and receipts) satisfactory to Lender that the proceeds of all prior advances have been used for the purposes for which such advances were requested. 11. As a condition to funding the final advance for the Fujitsu TI's: (a) Fujitsu is in occupancy, has accepted the leased premises and is paying rent under the Fujitsu Lease, without offset, credit or defense, as evidenced by a tenant estoppel certificate executed by Fujitsu, addressed to Lender, in form satisfactory to Lender; (b) the brokers to whom lease commissions are payable (if any) have acknowledged payment in full of all commissions due with respect to the lease in question and have released Lender, Borrower, the Project and the lease from all commissions due with respect to such lease; and (c) Borrower shall have furnished Lender with (i) a true and correct copy of the final and unconditional certificate of occupancy for the space under said lease, issued without restriction by the appropriate governmental authority having jurisdiction over the Project; and (ii) final original lien waivers executed by each contractor, subcontractor and materialmen supplying labor or materials for the Fujitsu TI's; provided, however, that if any Loan funds remain undisbursed in the Fujitsu Tenant Improvements line item of the Budget after either (x) the Fujitsu TI's have been completed in accordance with the Fujitsu Lease and the foregoing requirements, and all of Borrower's tenant improvement allowance obligations with respect thereto have been fully satisfied, or (y) the time period during which Fujitsu is entitled to seek disbursements of the tenant improvement allowance under the Fujitsu Lease has expired, and Borrower has no further obligation to fund any such tenant improvements allowance disbursements, then upon Borrower's request (and satisfaction of the conditions set forth in Part B), Lender shall advance to Borrower the remaining Loan funds in such line item.

IMPROVEMENTS ADVANCES. Each advance of the Loan from the Fujitsu Tenant Improvements line item of the Budget, and each advance of funds Additional advances shall be made from the Capital Replacements Reserve, shall be made Improvements Holdback to pay Capital Improvements Costs and from the Leasing Costs Holdback to pay Leasing Costs (other than leasing commissions) on the following terms and conditions: 1. Each request for such an advance shall specify the amount requested, shall be on forms satisfactory to Lender, and shall be accompanied by appropriate invoices, bills paid affidavits, lien waivers, title updates, endorsements to the title insurance, and other documents as may be required by Lender. Such advances may be made, at Lender's ’s election, either: (a) in reimbursement for expenses paid by Borrower, or (b) for payment of expenses incurred and invoiced but not yet paid by Borrower, or (c) with respect to tenant improvements, by funding allowances for tenant improvements (the "Fujitsu TI's") undertaken to be constructed by Fujitsu Ten Corp. of America ("Fujitsu") tenants and completed in accordance with its lease with Borrower dated May 1, 2012 (the "Fujitsu Lease")leases. Lender, at its option and without further direction from Borrower, may disburse any improvements advance to the Person to whom payment is due or through an escrow satisfactory to Lender. Borrower hereby irrevocably directs and authorizes Lender to so advance the proceeds of the Loan or the Capital Replacements Reserve, as applicableLoan. All sums so advanced from the Fujitsu Tenant Improvements line item shall constitute advances of the Loan and shall be secured by the Loan Documents. Any improvements advance for such purpose shall be part of the Loan and shall be secured by the Loan Documents. Lender may, at Borrower's ’s expense, conduct an audit, inspection, or review of the Project Projects to confirm the amount of the requested improvements advance. 2. Borrower shall have submitted and Lender shall have approved (a) for capital replacements work only, the improvements to be constructed, (b) for capital replacements work only, the plans and specifications for such improvements, which plans and specifications may not be changed without Lender's ’s prior written consent, and (c) if requested by Lender, each contract or subcontract for an amount in excess of $20,000 10,000 for the performance of labor or the furnishing of materials for such improvements. 3. Borrower shall have submitted and Lender shall have approved the time schedule for completing the capital replacements workimprovements or the tenant improvements. After Lender's ’s approval of a detailed budget for such capital replacements workbudget, such budget may not be changed without Lender's ’s prior written consent. If the estimated cost of such capital replacements work improvements exceeds the unadvanced portion of the amount allocated therefor for such improvements in the approved budget, then Borrower shall provide such security as Lender may require to assure the Lienlien-free completion of such work improvements before the scheduled completion date. 4. If requested All improvements constructed by Lender, Borrower shall have delivered to Lender reasonably satisfactory evidence that Fujitsu has satisfied the conditions under the Fujitsu Lease for the tenant improvement allowance disbursement that corresponds to Borrower's requested Loan advance. 5. All Fujitsu TI's constructed prior to the date an improvements advance is requested shall be completed to the satisfaction of Lender and Lender's ’s engineer and in accordance with the plans and budget for such work and all legal requirements. If Lender wishes to conduct an inspection of the Fujitsu premises at the Project to confirm satisfaction of the foregoing condition, Lender shall endeavor to coordinate such inspection with any inspection planned by Borrower, and shall otherwise use commercially reasonable efforts to schedule any such inspection so as to minimize any disruption in Fujitsu’s tenant improvement work and allow Borrower to meet its funding obligations under the Fujitsu Lease in a timely manner (provided Borrower has timely satisfied all of its obligations under this Agreement with respect to the requested Loan advance). 6. All capital replacements work constructed prior to the date an advance is requested shall be completed to the satisfaction of Lender and Lender's engineer and in accordance with the plans and budget for such workimprovements, as approved by Lender, and all legal requirements. 75. Borrower shall not use any portion of any improvements advance for payment of any other cost except as specifically set forth in a request for advance approved by Lender in writing. 86. Each improvements advance, except for a final improvements advance, shall be in the amount of actual costs incurred less ten percent (10%) of such costs as retainage to be advanced as part of a final improvements advance. 97. Except as may be required under leases approved by Lender, Lender shall not under any circumstances be obligated to make any improvements advance during the sixty (60)-day period immediately prior to the Maturity Date. 8. No funds will be advanced for materials stored at the any Project unless Borrower furnishes Lender satisfactory evidence that such materials are properly stored and secured at the Project. 109. Borrower shall have submitted to Lender evidence (including canceled checks, invoices and receipts) satisfactory to Lender that the proceeds of all prior advances have been used for the purposes for which such advances were requested. 1110. As a condition to funding Advances for tenant improvements shall be made on the final advance for the Fujitsu TI'sfollowing additional conditions: (a) Fujitsu Borrower shall have submitted and Lender shall have approved (or be deemed to have approved) (1) the lease(s) for which the tenant improvements are to be constructed, and (2) a schedule of the tenant improvements setting forth (A) each item of tenant improvements which Borrower or the applicable tenant intends to undertake; (B) the estimated cost of each such item, and (C) the time schedule for completing the tenant improvements. (b) All tenant improvements constructed by Borrower prior to the date a tenant improvements advance is requested shall be completed to the satisfaction of Lender in accordance with the plans therefor approved by the tenant under the applicable lease. (c) After Lender shall have advanced $7,000,000 in costs of tenant improvements and leasing commissions, the amount of any advance for tenant improvements under this Agreement shall be limited to seventy percent (70%) of the actual cost incurred for such tenant improvements, and Borrower shall have paid the balance of, and not less than thirty percent (30%) of, the amount of such actual cost. (d) As a condition to the funding of the final tenant improvements advance for any space in the Project: (1) the tenant under the lease is in occupancy, has accepted the leased premises and is paying rent under the Fujitsu Leaselease (except for applicable free rent), without offset, credit or defense, as evidenced by a tenant estoppel certificate certificate, or commencement date letter, executed by Fujitsu, addressed to Lender, such tenant in form satisfactory to Lender; (b2) except for future commissions for renewals and expansions, the brokers to whom lease commissions are payable (if any) have acknowledged payment in full of all such commissions due with respect to the lease in question and have released Lender, Borrower, the applicable Project and the lease from all such commissions due with respect to such lease; and (c3) Borrower shall have furnished Lender with (iA) a true and correct copy of the final and unconditional certificate of occupancy for the space under said lease, issued without restriction by the appropriate governmental authority having jurisdiction over the Project; and (iiB) final original lien waivers executed by each contractor, subcontractor and materialmen supplying labor or materials for the Fujitsu TI's; provided, however, that if any Loan funds remain undisbursed in the Fujitsu Tenant Improvements line item of the Budget after either (x) the Fujitsu TI's have been completed in accordance with the Fujitsu Lease and the foregoing requirements, and all of Borrower's tenant improvement allowance obligations with respect thereto have been fully satisfied, or (y) the time period during which Fujitsu is entitled to seek disbursements of the tenant improvement allowance under the Fujitsu Lease has expired, and Borrower has no further obligation to fund any such tenant improvements allowance disbursements, then upon Borrower's request (and satisfaction of the conditions set forth in Part B), Lender shall advance to Borrower the remaining Loan funds in such line itemimprovements.

IMPROVEMENTS ADVANCES. Each advance of the Loan from the Fujitsu Tenant Improvements line item of the Budget, and each advance of funds from the Capital Replacements Reserve, Subsequent Advances shall be made to finance the Capex Work and tenant improvement costs at the Project (which shall exclude any capital improvements, tenant improvements or other costs or expenses arising in connection with the "Fourteenth Floor" as defined in the Note), on the following terms and conditions: 1. Each request for such an advance Advance shall specify the amount requested, shall be on forms satisfactory to LenderCollateral Agent, and shall be accompanied by appropriate invoices, bills paid affidavits, lien waivers, title updates, endorsements to the title insurance, and other documents as may be required by LenderCollateral Agent. Such advances Advances may be made, at LenderCollateral Agent's election, either: (a) in reimbursement for expenses paid by BorrowerBorrowers, or (b) for payment of expenses incurred and invoiced but not yet paid by BorrowerBorrowers, or (c) with respect to tenant improvements, by funding allowances for tenant improvements (the "Fujitsu TI's") undertaken to be constructed by Fujitsu Ten Corp. of America ("Fujitsu") tenants and completed in accordance with its lease with Borrower dated May 1, 2012 (the "Fujitsu Lease")leases. Lender, at its option and without further direction from Borrower, may disburse any advance to the Person to whom payment is due or through an escrow satisfactory to Lender. Borrower hereby irrevocably directs and authorizes Lender to so advance the proceeds of the Loan or the Capital Replacements Reserve, as applicable. All sums so advanced from the Fujitsu Tenant Improvements line item shall constitute advances of the Loan and shall be secured by the Loan Documents. Lender Collateral Agent may, at Borrower's expense, conduct an audit, inspection, or review of the Project to confirm the amount of the requested improvements advance. 2. Borrower shall have submitted and Lender Collateral Agent shall have approved (such approval not to be unreasonably withheld) (a) for capital replacements work only, the improvements to be constructed, (b) for capital replacements work onlyif applicable, the plans and specifications for such improvements, which plans and specifications may not be changed to increase costs or decrease the scope of work, or otherwise changed in any material respect, without LenderCollateral Agent's prior written consentconsent (such consent not to be unreasonably withheld), and (c) if requested by LenderCollateral Agent, each contract or subcontract for an amount in excess of $20,000 50,000 for the performance of labor or professional services (e.g., architectural and engineering contracts), or the furnishing of materials materials, for such improvements. If required by Collateral Agent, Borrower shall execute and deliver to Collateral Agent assignments of such contracts (together with consents to such assignments executed by the counterparties to such contracts), in form and substance reasonably satisfactory to Collateral Agent. Without limiting the foregoing, in no event shall Borrower have any right to request any Advance, or any disbursement from the TI/LC/CapEx/DS Reserve, for payment of capital improvements or other costs or expenses arising in connection with the "Fourteenth Floor" (as defined in the Note). 3. Borrower shall have submitted and Lender Collateral Agent shall have approved (such approval not to be unreasonably withheld) the Stage Construction Schedule (for each Stage of Capex Work) or, for tenant improvements, the time schedule for completing the capital replacements worksuch tenant improvements. After LenderCollateral Agent's approval of a Stage Budget or other detailed budget (for such capital replacements workcosts other than Capex Costs), such budget may not be changed without LenderCollateral Agent's prior written consent. If the estimated cost of such capital replacements work exceeds the unadvanced portion of the amount allocated therefor in the approved budget, then Borrower shall provide such security as Lender may require to assure the Lien-free completion of such work before the scheduled completion date. 4. If requested by Lender, Borrower shall have delivered to Lender reasonably satisfactory evidence that Fujitsu has satisfied the conditions under the Fujitsu Lease for the tenant improvement allowance disbursement that corresponds to Borrower's requested Loan advance. 5. All Fujitsu TI's constructed prior to the date an advance is requested For improvements other than Capex Work (which shall be completed to the satisfaction of Lender and Lender's engineer and in accordance with the plans and budget for such work and all legal requirements. If Lender wishes to conduct an inspection of the Fujitsu premises at the Project to confirm satisfaction of the foregoing condition, Lender shall endeavor to coordinate such inspection with any inspection planned by Borrower, and shall otherwise use commercially reasonable efforts to schedule any such inspection so as to minimize any disruption in Fujitsu’s tenant improvement work and allow Borrower to meet its funding obligations under the Fujitsu Lease in a timely manner (provided Borrower has timely satisfied all of its obligations under this Agreement with respect to the requested Loan advance). 6. All capital replacements work constructed prior to the date an advance is requested shall be completed to the satisfaction of Lender and Lender's engineer and in accordance with the plans and budget for such work, as approved by Lender, and all legal requirements. 7. Borrower shall not use any portion of any advance for payment of any other cost except as specifically set forth in a request for advance approved by Lender in writing. 8. Each advance, except for a final advance, shall be in the amount of actual costs incurred less ten percent (10%) of such costs as retainage to be advanced as part of a final advance. 9. No funds will be advanced for materials stored at the Project unless Borrower furnishes Lender satisfactory evidence that such materials are properly stored and secured at the Project. 10. Borrower shall have submitted to Lender evidence (including canceled checks, invoices and receipts) satisfactory to Lender that the proceeds of all prior advances have been used for the purposes for which such advances were requested. 11. As a condition to funding the final advance for the Fujitsu TI's: (a) Fujitsu is in occupancy, has accepted the leased premises and is paying rent under the Fujitsu Lease, without offset, credit or defense, as evidenced by a tenant estoppel certificate executed by Fujitsu, addressed to Lender, in form satisfactory to Lender; (b) the brokers to whom lease commissions are payable (if any) have acknowledged payment in full of all commissions due with respect to the lease in question and have released Lender, Borrower, the Project and the lease from all commissions due with respect to such lease; and (c) Borrower shall have furnished Lender with (i) a true and correct copy of the final and unconditional certificate of occupancy for the space under said lease, issued without restriction by the appropriate governmental authority having jurisdiction over the Project; and (ii) final original lien waivers executed by each contractor, subcontractor and materialmen supplying labor or materials for the Fujitsu TI's; provided, however, that if any Loan funds remain undisbursed in the Fujitsu Tenant Improvements line item of the Budget after either (x) the Fujitsu TI's have been completed in accordance with the Fujitsu Lease and the foregoing requirements, and all of Borrower's tenant improvement allowance obligations with respect thereto have been fully satisfied, or (y) the time period during which Fujitsu is entitled to seek disbursements of the tenant improvement allowance under the Fujitsu Lease has expired, and Borrower has no further obligation to fund any such tenant improvements allowance disbursements, then upon Borrower's request (and satisfaction of the conditions set forth in Part B), Lender shall advance to Borrower the remaining Loan funds in such line item.governed by

IMPROVEMENTS ADVANCES. Each advance of Additional advances from the Loan and disbursements from the Fujitsu Tenant Improvements line item of the Budget, and each advance of funds from the Capital Replacements Reserve, Project Escrow Fund shall be made to finance capital improvements and other Project costs on the following terms and conditions: 1. Each request for such an advance shall specify the amount requested, shall be on forms satisfactory to Lenderthe Administrative Agent, and shall be accompanied by appropriate invoices, bills paid affidavits, lien waivers, title updates, endorsements to the title insurance, and other documents as may be required by Lenderthe Administrative Agent. Such advances may be made, at Lender's the Administrative Agent’s election, either: (a) in reimbursement for expenses paid by Borrower, Borrower or (b) for payment of expenses incurred and invoiced but not yet paid by Borrower, or (c) with respect to tenant improvements, by funding allowances for tenant improvements (the "Fujitsu TI's") undertaken to be constructed by Fujitsu Ten Corp. of America ("Fujitsu") and completed in accordance with its lease with Borrower dated May 1, 2012 (the "Fujitsu Lease"). LenderThe Administrative Agent, at its option and without further direction from Borrower, may disburse any advance to the Person to whom payment is due or through an escrow satisfactory to Lenderthe Administrative Agent. Borrower hereby irrevocably directs and authorizes Lender the Administrative Agent to so advance the proceeds of the Loan or the Capital Replacements Reserve, as applicableLoans. All sums so advanced from the Fujitsu Tenant Improvements line item shall constitute advances of the Loan Loans and shall be secured by the Loan Documents. Lender Any improvements advance for such purpose shall be part of the Loans and shall be secured by the Loan Documents. The Administrative Agent may, at Borrower's ’s expense, conduct an audit, inspection, or review of the Project to confirm the amount of the requested improvements advance. 2. Borrower shall have submitted and Lender the Administrative Agent shall have approved (a) for capital replacements work only, the improvements to be constructed, (b) for capital replacements work only, the plans and specifications for such improvements, which plans and specifications shall include, without limitation, the renovation of the lobby area, pool area, replacement/upgrade of unit balconies/windows/railings, new restaurant and spa (it being understood that there may be separate plans and specifications for each of the improvements described above), and which plans and specifications may not be changed without Lender's the Administrative Agent’s prior written consent, and (c) copies of all construction, architectural and engineering contracts certified by Borrower as being true, correct and complete, together with undertakings of such contractors, architects and engineers to continue performance on behalf of the Administrative Agent (on behalf of the Lenders), together with bonds with respect to any subcontracts, if requested by Lender, each contract or subcontract for an amount in excess of $20,000 for the performance of labor or the furnishing of materials for bonds are required pursuant to such improvementssubcontracts. 3. Borrower shall have submitted and Lender the Administrative Agent shall have approved the a final actual Budget and a time schedule for completing the capital replacements workimprovements. After Lender's the Administrative Agent’s approval of a detailed budget for such capital replacements workbudget, such budget may not be changed in any material way without Lender's the Administrative Agent’s prior written consent, not to be unreasonably withheld. If the estimated cost of such capital replacements work improvements exceeds the unadvanced portion of the amount allocated therefor for such improvements in the approved budget, then Borrower shall provide such security as Lender the Administrative Agent may require to assure the Lienlien-free completion of such work improvements before the scheduled completion date. 4. If requested All improvements constructed by Lender, Borrower shall have delivered to Lender reasonably satisfactory evidence that Fujitsu has satisfied the conditions under the Fujitsu Lease for the tenant improvement allowance disbursement that corresponds to Borrower's requested Loan advance. 5. All Fujitsu TI's constructed prior to the date an improvements advance is requested shall be completed to the satisfaction of Lender the Administrative Agent and Lender's the Administrative Agent’s engineer and in accordance with the plans and budget for such work and all legal requirements. If Lender wishes to conduct an inspection of the Fujitsu premises at the Project to confirm satisfaction of the foregoing condition, Lender shall endeavor to coordinate such inspection with any inspection planned by Borrower, and shall otherwise use commercially reasonable efforts to schedule any such inspection so as to minimize any disruption in Fujitsu’s tenant improvement work and allow Borrower to meet its funding obligations under the Fujitsu Lease in a timely manner (provided Borrower has timely satisfied all of its obligations under this Agreement with respect to the requested Loan advance). 6. All capital replacements work constructed prior to the date an advance is requested shall be completed to the satisfaction of Lender and Lender's engineer and in accordance with the plans and budget for such workimprovements, as approved by Lenderthe Administrative Agent, and all legal requirements. 75. Borrower shall not use any portion of any improvements advance for payment of any other cost except as specifically set forth in a request for advance approved by Lender the Administrative Agent in writing. 86. Each improvements advance, except for a final improvements advance, shall be in the amount of actual costs incurred for each line item as shown on the Construction Budget less ten percent (10%) of such costs as retainage (other than for materials for which no retainage shall be required) to be advanced upon completion of such line item to the satisfaction of Administrative Agent. Advances may include deposits for materials so long as part (a) such deposits do not exceed one hundred percent (100%) of the cost for materials which have been delivered to the Property, (b) fifty percent (50%) of the cost of materials which have not been delivered to the Property having a final advancetotal cost of not more than $4,000,000; and (c) ten percent (10%) of the total cost of all other materials. 97. No funds will be advanced for materials stored at the Project unless Borrower furnishes Lender the Administrative Agent satisfactory evidence that such materials are properly stored and secured at the Project. 108. Borrower shall have submitted to Lender evidence (including canceled checks, invoices and receipts) satisfactory to Lender that the proceeds of all prior advances have been used for the purposes for which such advances were requested. 11. As a condition to funding the final advance for the Fujitsu TI's: (a) Fujitsu is in occupancy, has accepted the leased premises and is paying rent under the Fujitsu Lease, without offset, credit or defense, as evidenced by a tenant estoppel certificate executed by Fujitsu, addressed to Lender, in form satisfactory to Lender; (b) the brokers to whom lease commissions are payable (if any) have acknowledged payment in full of all commissions due with respect Upon submission to the lease in question Administrative Agent of satisfactory evidence that Borrower paid marketing and have released Lenderadministrative costs associated with Building Conversion, such amounts may be advanced for reimbursement to Borrower. Concrete Repairs: Repair and waterproof areas of damaged concrete within the subsurface parking. 1. Receipt of Modification of Mortgage and other documents, the Project including collateral assignment of Declarant’s rights and the lease from all commissions due with respect to such lease; and (c) Borrower shall have furnished Lender with (i) a true and correct copy of the final and unconditional certificate of occupancy proxy for the space under said lease, issued without restriction by the appropriate governmental authority having jurisdiction over the Project; and (ii) final original lien waivers executed by each contractor, subcontractor and materialmen supplying labor or materials for the Fujitsu TI's; provided, however, that if any Loan funds remain undisbursed voting rights in the Fujitsu Tenant Improvements line item of the Budget after either (x) the Fujitsu TI's have been completed in accordance with the Fujitsu Lease and the foregoing requirements, and all of Borrower's tenant improvement allowance obligations with respect thereto have been fully satisfied, or (y) the time period during which Fujitsu is entitled to seek disbursements of the tenant improvement allowance under the Fujitsu Lease has expired, and Borrower has no further obligation to fund any such tenant improvements allowance disbursements, then upon Borrower's request (and satisfaction of the conditions set forth in Part B), Lender shall advance to Borrower the remaining Loan funds in such line item.Association;