Common use of Monthly Disbursements Clause in Contracts

Monthly Disbursements. On or before a day to be specified by Landlord of each calendar month during the construction of the Tenant's Work (the "Request Date"), Tenant shall deliver to Landlord ("Payment Request"): (i) a request for payment of the "Contractor," (as that term is defined in this Agreement) approved by Tenant, in a form to be provided by Landlord, showing the schedule, by trade, of percentage of completion of the Tenant's Work in the Premises, and detailing the portion of the work completed and the portion not completed; (ii) invoices from all of "Tenant's Agents," as that term is defined in Section 4.1.2 of this Agreement, for labor rendered and materials delivered to the 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 or Landlord's Mortgagee, if any, on or before the twenty-fifth (25th) day after each such Request Date (the "Payment Date"), and assuming Landlord timely receives the applicable information described in items (i) through (iv), above, and unconditional lien releases, as applicable, for all work included in the Payment Request for the previous month, Landlord shall deliver a check to Tenant, made jointly payable to Contractor and Tenant, in payment of the amounts so requested by Tenant, as set forth in this Section 2.2.2.1, above, multiplied by the "Draw

Appears in 1 contract

Samples: Multi Plex Theater Lease (Cinemastar Luxury Theaters Inc)

AutoNDA by SimpleDocs

Monthly Disbursements. On or before a the first day to be specified by Landlord of each calendar month during the construction of the Tenant's Work Improvements (the "Request Date"or such other date as Landlord may designate), Tenant shall deliver to Landlord ("Payment Request"): Landlord: (i) a request for payment of the "Contractor," (as that term is defined in Section 4.1 of this Agreement) Tenant Work Letter, approved by Tenant, in a form to be provided by Landlord, showing the schedule, by trade, of percentage of completion of the Tenant's Work Improvements in the Premises, and detailing the portion of the work completed and the portion not completed; (ii) invoices from all of "Tenant's ’s Agents," as that term is defined in Section 4.1.2 4.2 of this AgreementTenant Work Letter, for labor rendered and materials delivered to the Premises; (iii) executed unconditional 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 California Civil Code Section 3262(d); and (iv) all other information reasonably requested by Landlord or Landlord's Mortgagee, if any, on or before the twenty-fifth (25th) day after each such Request Date (the "Payment Date"), and assuming Landlord timely receives the applicable information described in items (i) through (iv), above, and unconditional lien releases, as applicable, for all work included in the Payment Request for the previous month. Thereafter, Landlord shall deliver a check to Tenant, made jointly payable to Contractor and Tenant, Tenant in payment of the lesser of: (A) the amounts so requested by Tenant, as set forth in this Section 2.2.2.12.2.1, above, multiplied by less a ten percent (10%) retention (the "Drawaggregate amount of such retentions to be known as the “Final Retention”), and (B) the balance of any remaining available portion of the Improvement Allowance (not including the Final Retention), provided that Landlord does not dispute any request for payment based on non-compliance of any work with the “Approved Working Drawings,” as that term is defined in

Appears in 1 contract

Samples: Standard Office Lease (Move Inc)

Monthly Disbursements. On or before a the first day to be specified by Landlord of each calendar month during the construction of the Tenant's Work Improvements (the "Request Date"or such other date as Landlord may designate upon prior written notice), Tenant shall deliver to Landlord ("Payment Request"): Landlord: (i) a request for payment of the "Contractor," (as that term is defined in Section 4.1 of this Agreement) Tenant Work Letter, approved by Tenant, in a form to be provided by Landlord, showing the schedule, by trade, of percentage of completion of the Tenant's Work Improvements in the PremisesBuilding, and detailing the portion of the work completed and the portion not completed; (ii) invoices from all of "Tenant's Agents," as that term is defined in Section 4.1.2 of this Agreement, Agents for labor rendered and materials delivered to the PremisesBuilding; and (iii) executed conditional mechanic's lien releases from all of such Tenant's Agents which shall comply with the appropriate provisions, as reasonably determined by Landlord, of California Civil Code Section 3262(d); and 8132. Thereafter, within fifteen (iv15) all other information reasonably requested by Landlord or Landlord's Mortgagee, if any, on or before the twenty-fifth (25th) day after each such Request Date (the "Payment Date"), and assuming Landlord timely receives the applicable information described in items (i) through (iv), above, and unconditional lien releases, as applicable, for all work included in the Payment Request for the previous monthbusiness days thereafter, Landlord shall deliver a check to Tenant, made jointly payable to Contractor and Tenant, Tenant in payment of the lesser of: (A) the amounts so requested by Tenant, as set forth in this Section 2.2.2.12.2.1, above, multiplied by less a ten percent (10%) retention (the aggregate amount of such retentions to be known as the "DrawFinal Retention"), and (B) the balance of any remaining available portion of the Improvement Allowance (not including the Final Retention), provided that Landlord does not dispute any request for payment based on non-compliance of any work with the "Approved Working Drawings," as that term is defined in Section 3.4 below.

Appears in 1 contract

Samples: Single Tenant Lease (Triple Net) (Biocept Inc)

Monthly Disbursements. On or before a the twentieth (20th) day to be specified by Landlord of each calendar month month, during the construction of the Tenant's Work Improvements (the "Request Date"or such other date as Landlord may designate), Tenant shall deliver to Landlord ("Payment Request"): Landlord: (i) a request for payment of the "Contractor," (as that term is defined in Section 4.1.1 of this Agreement) Work Letter, approved by Tenant, in a form to be provided by Landlord, showing the schedule, by trade, of percentage of completion of the Tenant's Work Improvements in the Premises, and detailing the portion of the work completed and the portion not completed; (ii) invoices from all of "Tenant's Agents," as that term is defined in Section 4.1.2 of this AgreementWork Letter, for labor rendered and materials delivered to the 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)Sections 8132, 8134, 8136 and 8138; and (iv) all other information reasonably requested by Landlord or Landlord's Mortgagee, if any, on or before the twenty-fifth (25th) day after each such Request Date (the "Payment Date"), and assuming Landlord timely receives the applicable information described in items (i) through (iv), above, and unconditional lien releases, as applicable, for all work included in the Payment Request for the previous month. Thereafter, Landlord shall deliver a check to Tenant, made jointly payable to Contractor and Tenant, Tenant in payment of the lesser of: (A) the amounts so requested by Tenant, as set forth in this Section 2.2.2.1, above, multiplied by and (B) the balance of any remaining available portion of the Improvement Allowance, provided that Landlord does not dispute any request for payment based on non-compliance of any work with the "DrawApproved Working Drawings," as that term is defined in Section 3.5 below. Landlord's payment of such amounts shall not be deemed Landlord's approval or acceptance of the work furnished or materials supplied as set forth in Tenant's payment request.

Appears in 1 contract

Samples: Lease Agreement (Cytokinetics Inc)

AutoNDA by SimpleDocs

Monthly Disbursements. On or before a the first day to be specified by Landlord of each calendar month during the construction of the Tenant's Work Improvements (the "Request Date"or such other date as Landlord may designate), Tenant shall deliver to Landlord ("Payment Request"): Landlord: (i) a request for payment of the "Contractor," (as that term is defined in Section 4.1 of this Agreement) Tenant Work Letter, approved by Tenant, in a form to be provided by Landlord, showing the schedule, by trade, of percentage of completion of the Tenant's Work Improvements in the Premises, and detailing the portion of the work completed and the portion not completed; (ii) invoices from all of "Tenant's ’s Agents," as that term is defined in Section 4.1.2 4.2 of this AgreementTenant Work Letter, for labor rendered and materials delivered to the Premises; (iii) executed conditional 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 California Civil Code Section 3262(d); and (iv) all other information reasonably requested by Landlord or Landlord's Mortgagee, if any, on or before the twenty-fifth (25th) day after each such Request Date (the "Payment Date"), and assuming Landlord timely receives the applicable information described in items (i) through (iv), above, and unconditional lien releases, as applicable, for all work included in the Payment Request for the previous month. Thereafter, Landlord shall deliver a check to Tenant, made jointly payable to Contractor and Tenant, Tenant in payment of the lesser of: (A) the amounts so requested by Tenant, as set forth in this Section 2.2.2.12.2.1, above, multiplied by less a ten percent (10%) retention (the "Drawaggregate amount of such retentions to be known as the “Final Retention”), and (B) the balance of any remaining available portion of the Improvement Allowance (not including the Final Retention), provided that Landlord does not dispute any request for payment based on non-compliance of any work with the “Approved Working Drawings,” as that term is defined in Section 3.4 below, or due to any substandard work. Landlord’s payment of such amounts shall not be deemed Landlord’s approval or acceptance of the work furnished or materials supplied as set forth in Tenant’s payment request.

Appears in 1 contract

Samples: Standard Office Lease (Aruba Networks, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!