Common use of Monthly Disbursements Clause in Contracts

Monthly Disbursements. On or before a designated day of each calendar month during the construction of the Improvements, Tenant shall pay the Contractor, on a progress-payment basis, pursuant to the terms of the Contract; provided, however, and notwithstanding any provision to the contrary contained in this Work Letter Agreement, at least five (5) business days prior to making such monthly disbursements (or any disbursements of the Improvement Allowance), Tenant shall have delivered to Landlord: (i) a construction schedule showing, by trade, the percentage of completion of the Improvements in the applicable 6310 Expansion Premises, detailing the portion of the work completed and the portion not completed; (ii) copies of invoices from all of Tenant’s Agents for labor rendered and materials delivered to the applicable 6310 Expansion Premises; (iii) executed mechanic’s lien releases from all of Tenant’s Agents which shall comply with the appropriate provisions, as reasonably determined by Landlord, of California Civil Code Section 3262(d); and (iv) all other information reasonably requested by Landlord (collectively, the “Payment Package”). Tenant’s submission of each Payment Package to Landlord and corresponding payment to Contractor shall be deemed Tenant’s acceptance and approval of the work furnished and/or the materials supplied as set forth in such Payment Package.

Monthly Disbursements. On or before a designated day of each calendar month during the construction of the Improvements, Tenant shall pay the Contractor, on a progress-payment basis, pursuant to the terms of the Contract; provided, however, and notwithstanding any provision to the contrary contained in this Work Letter Agreement, at least five (5) business days prior to making such monthly disbursements (or any disbursements of the Improvement Allowance)disbursements, Tenant shall have delivered to Landlord: (i) a construction schedule showing, by trade, the percentage of completion of the Improvements in the applicable 6310 Expansion PremisesMust-Take Space, detailing the portion of the work completed and the portion not completed; (ii) copies of invoices from all of Tenant’s Agents for labor rendered and materials delivered to the applicable 6310 Expansion Premises; (iii) executed mechanic’s lien releases from all of Tenant’s Agents which shall comply with the appropriate provisions, as reasonably determined by Landlord, of California Civil Code Section 3262(d); and (iv) all other information reasonably requested by Landlord (collectively, the “Payment Package”). Tenant’s submission of each Payment Package to Landlord and corresponding payment to Contractor shall be deemed Tenant’s acceptance and approval of the work furnished and/or the materials supplied as set forth in such Payment Package.

Monthly Disbursements. On or before a designated day of each calendar month during the construction of the Improvements, Tenant shall pay the Contractor, on a progress-payment basis, pursuant to the terms of the Contract; provided, however, and notwithstanding any provision to the contrary contained in this Work Letter Agreement, at least five (5) business days prior to making such monthly disbursements (or any disbursements of the Improvement Allowance)disbursements, Tenant shall have delivered to Landlord: (i) a construction schedule showing, by trade, the percentage of completion of the Improvements in the applicable 6310 Expansion Initial Premises, detailing the portion of the work completed and the portion not completed; (ii) copies of invoices from all of Tenant’s Agents for labor rendered and materials delivered to the applicable 6310 Expansion Premises; (iii) executed mechanic’s lien releases from all of Tenant’s Agents which shall comply with the appropriate provisions, as reasonably determined by Landlord, of California Civil Code Section 3262(d); and (iv) all other information reasonably requested by Landlord (collectively, the “Payment Package”). Tenant’s submission of each Payment Package to Landlord and corresponding payment to Contractor shall be deemed Tenant’s acceptance and approval of the work furnished and/or the materials supplied as set forth in such Payment Package.

Monthly Disbursements. On or before a designated day of each calendar month during the construction of the Improvements, Tenant shall pay the Contractor, on a progress-payment basis, pursuant to the terms of the Contract (and net of any retention provided in the Contract); provided, however, and notwithstanding any provision to the contrary contained in this Work Letter Agreement, at least five (5) business days prior to making such monthly disbursements (or thirty (30) days prior to request for any monthly disbursements of the Improvement Allowance), Tenant shall have delivered to Landlord: (i) a construction schedule showing, by trade, the percentage of completion of the Improvements in the applicable 6310 Expansion portion of the Premises, detailing the portion of the work completed and the portion not completed; (ii) copies of invoices from all of Tenant’s Agents for labor rendered and materials delivered to the applicable 6310 Expansion portion of the Premises; (iii) executed mechanic’s lien releases from EXHIBIT B -2- SEQUENCE TECHNOLOGY CENTER [Expansion and Extension Amendment] [DexCom, Inc.] all of Tenant’s Agents which shall comply with the appropriate provisions, as reasonably determined by Landlord, of the California Civil Code Section 3262(d)Code; and (iv) all other information reasonably requested by Landlord (collectively, the “Payment Package”). Tenant’s submission of each Payment Package to Landlord and corresponding payment to Contractor shall be deemed Tenant’s acceptance and approval of the work furnished and/or the materials supplied as set forth in such Payment Package.

Monthly Disbursements. On or before a designated day of each calendar month during the construction of the Improvements, Tenant shall pay the Contractor, on a progress-payment basis, pursuant to the terms of the Contract (and net of any retention provided in the Contract); provided, however, and notwithstanding any provision to the contrary contained in this Work Letter Agreement, at least five (5) business days prior to making such monthly disbursements (or thirty (30) days prior to request for any monthly disbursements of the Improvement Allowance), Tenant shall have delivered to Landlord: (i) a construction schedule showing, by trade, the percentage of completion of the Improvements in the applicable 6310 Expansion portion of the Premises, detailing the portion of the work completed and the portion not completed; (ii) copies of invoices from all of Tenant’s 's Agents for labor rendered and materials delivered to the applicable 6310 Expansion portion of the Premises; (iii) executed mechanic’s 's lien releases from all of Tenant’s 's Agents which shall comply with the appropriate provisions, as reasonably determined by Landlord, of the California Civil Code Section 3262(d)Code; EXHIBIT B -3- SEQUENCE TECHNOLOGY CENTER [Expansion and Extension Amendment] [DexCom, Inc.] and (iv) all other information reasonably requested by Landlord (collectively, the “"Payment Package”"). Tenant’s 's submission of each Payment Package to Landlord and corresponding payment to Contractor shall be deemed Tenant’s 's acceptance and approval of the work furnished and/or the materials supplied as set forth in such Payment Package.

Monthly Disbursements. On or before a designated the first day of each calendar month during the construction of the Improvements, Tenant Lessee shall pay the Contractor, on a progress-payment basis, pursuant deliver to the terms of the Contract; provided, however, and notwithstanding any provision to the contrary contained in this Work Letter Agreement, at least five (5) business days prior to making such monthly disbursements (or any disbursements of the Improvement Allowance), Tenant shall have delivered to LandlordLessor: (i) a construction schedule showingrequest for payment approved by Lessee, in a form to be prepared by Lessee and approved by Lessor, showing the schedule, by trade, the of percentage of completion of the Improvements in the applicable 6310 Expansion Premises, detailing the portion of the work completed and the portion not completed; (ii) copies of invoices from all of TenantContractor and its subcontractors and suppliers (collectively, “Lessee’s Agents Agents”) for labor rendered and materials delivered to the applicable 6310 Expansion Premises; and (iii) executed conditional mechanic’s lien releases from all of TenantLessee’s Agents which shall comply with the appropriate provisions, as reasonably determined by LandlordLessor, of California Civil Code Section 3262(d); and (iv) all other information reasonably requested by Landlord (collectively, the “Payment Package”). TenantLessee’s submission of each Payment Package to Landlord and corresponding request for payment to Contractor shall be deemed TenantLessee’s acceptance and approval of the work furnished and/or the materials supplied as set forth in Lessee’s payment request. Within fifteen (15) business days thereafter, Lessor shall deliver a check to Lessee made jointly payable to Contractor and Lessee in payment of the amounts so requested by Lessee. Lessor’s payment of such Payment Packageamounts shall not be deemed Lessor’s approval or acceptance of the work furnished or materials supplied as set forth in Lessee’s payment request.

Monthly Disbursements. On or before a designated day of Once each calendar month during the design and construction of the Improvements, Tenant shall pay the Contractor, on Improvements (a progress-payment basis, pursuant to the terms of the Contract; provided, however, and notwithstanding any provision to the contrary contained in this Work Letter Agreement, at least five (5) business days prior to making such monthly disbursements (or any disbursements of the Improvement Allowance“Submittal Date”), Tenant shall have delivered may deliver to Landlord: (i) a construction schedule showing, by trade, the percentage of completion request for payment of the Improvements in the applicable 6310 Expansion PremisesContractor, detailing the portion of the work completed and the portion not completedapproved by Tenant, on AIA forms G702 or G703 (or comparable forms reasonably approved by Landlord); (ii) copies of invoices from all of Tenant’s Agents suppliers or vendors (including Architect and Tenant’s project manager), for labor rendered and materials delivered to the applicable 6310 Expansion Premises; and (iii) executed conditional mechanic’s lien releases from all releases; provided, however, that with respect to fees and expenses of Tenant’s Agents which shall comply with the appropriate provisionsArchitect, as reasonably determined by Landlord, of California Civil Code Section 3262(d); and (iv) all or construction or project managers or other information reasonably requested by Landlord similar consultants (collectively, the “Payment PackageNon Contribution Items”), Tenant shall only be required to deliver to Landlord on or before the applicable Submittal Date, an invoice of the cost for the applicable Non-Contribution Items and proof of payment. Within thirty (30) days thereafter, Landlord shall deliver a check to Tenant made in payment of the lesser of: (A) the amounts so requested by Tenant, less a ten percent (10%) retention (the aggregate amount of such retentions to be known as the “Final Retention”), and (B) the balance of any remaining available portion of the Allowance (not including the Final Retention), provided, however, that no such retention shall be applicable to the fees of the Architect, engineers, Tenant’s submission of each Payment Package to Landlord project manager and corresponding payment to Contractor shall be deemed Tenant’s acceptance and approval of the work furnished and/or the materials supplied as set forth in such Payment Package.consultants