Common use of Monthly Disbursements Clause in Contracts

Monthly Disbursements. On or before the twentieth (20th) day of each calendar month during the construction of the Tenant Improvements (the “Submittal Date”) (or such other date as Landlord may designate), Tenant may deliver to Landlord: (i) a request for payment of the “Contractor,” as that term is defined in Paragraph 4.1 of this Work Letter, approved by Tenant showing the schedule, by trade, of percentage of completion of the Tenant Improvements in the Premises; (ii) invoices from all of “Tenant’s Agents,” as that term is defined in Paragraph 4.1.2 of this Work Letter, for labor rendered and materials delivered to the Premises (if such invoice is for the Contractor, the Contractor will need to provide an application and certificate for payment [AIA form G702-1992 or equivalent] signed by the Architect/Space Planner, and a breakdown sheet [AIA form G703-1992 or equivalent]); (iii) a letter from the Tenant requesting payment from the Tenant Improvement Allowance; and (iv) executed mechanic’s lien releases with respect to contracts in excess of $25,000.00, which lien releases shall be conditional with respect to the then-requested payment amounts and unconditional with respect to payment amounts previously disbursed by Landlord or Tenant, from all of Tenant’s Agents which shall comply with the appropriate provisions, as reasonably determined by Landlord, of California Civil Code Sections 8132, 8134, 8136 and 8138. Tenant’s request for payment shall be deemed Tenant’s acceptance and approval of the work furnished and/or the materials supplied as set forth in Tenant’s payment request. On or before the date occurring thirty (30) days after the Submittal Date, and assuming Landlord receives all of the information described in items (i) through (iv), above, and subject to Tenant first delivering any Over-Allowance Payments (as defined below) in accordance with Paragraph 4.2.1, Landlord shall deliver a check to Tenant made to Tenant’s Agent (or to Tenant if such invoices were previously paid by the Tenant) in payment of the lesser of: (A) the amounts so requested by Xxxxxx, as set forth in this Paragraph 2.3.1, above, less a ten percent (10%) retention (the aggregate amount of such retentions shall be known as the “Final TI Allowance Reimbursement”), and (B) the balance of any remaining available portion of the Tenant Improvement Allowance (not including the Final TI Allowance Reimbursement), provided that Landlord does not dispute any request for payment based on non-compliance of any work with the “Approved Construction Documents”, as that term is defined in Paragraph 3.4 below, or due to any substandard work, or for any other reason as provided in this Lease. 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.

Monthly Disbursements. On or before the twentieth (20th) day of each calendar month during the construction of the Tenant Improvements (the “Submittal Date”) (or such other date as Landlord may designate), Tenant may shall deliver to Landlord: (i) a request for payment of the “Contractor,” as that term is defined in Paragraph Section 4.1 of this Tenant Work Letter, approved by Tenant showing the schedule, by trade, of percentage of completion of the Tenant Improvements in the Additional Premises; (ii) invoices from all of “Tenant’s Agents,” as that term is defined in Paragraph Section 4.1.2 of this Tenant Work Letter, for labor rendered and materials delivered to the Additional Premises (if such invoice is for the Contractor, the Contractor will need to provide an application and certificate for payment [AIA form G7020702-1992 or equivalent] signed by the Architect/Space Planner, and a breakdown sheet [AIA AJA form G7030703-1992 or equivalent]); (iii) a an original letter from the Tenant approving such invoices and requesting payment from the Tenant Improvement Third Amendment Allowance; and (iv) executed mechanic’s lien releases with respect to contracts in excess of $25,000.00releases, which lien releases shall be conditional with respect to the then-requested payment amounts and unconditional with respect to payment amounts previously disbursed by Landlord or Tenant, from all of Tenant’s Agents which shall comply with the appropriate provisions, as reasonably determined by Landlord, of California Civil Code Sections 8132, 8134, 8136 and 8138; and (v) all other information reasonably requested by Landlord. Tenant’s request for payment shall be deemed Tenant’s acceptance and approval of the work furnished and/or the materials supplied as set forth in Tenant’s payment request. On or before the date occurring thirty (30) days after the Submittal Date, and assuming Landlord receives all of the information described in items (i) through (ivv), above, and subject to Tenant first delivering disbursing any portion of the Over-Allowance Payments Amount (as defined below) in accordance with Paragraph Section 4.2.1, Landlord shall deliver a check to Tenant made to Tenant’s Agent (or to Tenant if such invoices were previously paid by the Tenant) in payment of the lesser of: (A) the amounts so requested by XxxxxxTenant, as set forth in this Paragraph 2.3.1Section 2.2.2.1, above, less a ten percent (10%) retention (the aggregate amount of such retentions shall be known as the “Final TI Allowance Reimbursement”), and (B) the balance of any remaining available portion of the Tenant Improvement Third Amendment Allowance (not including the Final TI Allowance Reimbursement), provided that Landlord does not dispute any request for payment based on non-compliance of any work with the “Approved Construction Documents”, as that term is defined in Paragraph Section 3.4 below, or due to any substandard work, or for any other reason as provided in this the Lease, as amended hereby. 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.

Monthly Disbursements. On or before the twentieth (20th) day of each calendar month during the construction of the Tenant Improvements (the “Submittal Date”) (or such other date as Landlord or Tenant may designate), Tenant may shall deliver to Landlord: (i) a request for payment of the “Contractor,” as that term is defined in Paragraph Section 4.1 of this Tenant Work Letter, approved by Tenant showing the schedule, by trade, of percentage of completion of the Tenant Improvements in the Premises; (ii) invoices from all of “Tenant’s 's Agents,” as that term is defined in Paragraph Section 4.1.2 of this Tenant Work Letter, for labor rendered and materials delivered to the Premises (if such invoice is for the Contractor, the Contractor will need to provide an application and certificate for payment [AIA form G702-1992 or equivalent] signed by the Architect/Space Planner, and a breakdown sheet [AIA form G703-1992 or equivalent]); (iii) a an original letter from the Tenant approving such invoices and requesting payment from the Tenant Improvement Allowance; and (iv) executed mechanic’s 's lien releases with respect to contracts in excess of $25,000.00releases, which lien releases shall be conditional with respect to the then-requested payment amounts and unconditional with respect to payment amounts previously disbursed by Landlord or Tenant, from all of Tenant’s Agents which shall comply with the appropriate provisions, as 's Agents; and (v) all other information reasonably determined requested by Landlord, of California Civil Code Sections 8132, 8134, 8136 and 8138. Tenant’s 's request for payment shall be deemed Tenant’s Xxxxxx's acceptance and approval of the work furnished and/or the materials supplied as set forth in Tenant’s 's payment request. On or before the date occurring thirty (30) days after the Submittal Date, and assuming Landlord receives all of the information described in items (i) through (ivv), above, and subject to Tenant first delivering disbursing any portion of the Over-Allowance Payments Amount (as defined below) in accordance with Paragraph Section 4.2.1, Landlord shall deliver a check to Tenant made to Tenant’s 's Agent (or to Tenant if such invoices were previously paid by the Tenant) in payment of the lesser of: (A) the amounts so requested by Xxxxxx, as set forth in this Paragraph 2.3.1Section 2.2.2.1, above, less a ten percent (10%) retention (the aggregate amount of such retentions shall be known as the “Final TI Allowance Reimbursement”), and (B) the balance of any remaining available portion of the Expansion Premises Tenant Improvement Allowance (not including the Final TI Allowance Reimbursement), provided that Landlord does not dispute any request for payment based on non-compliance of any work with the “Approved Construction Documents”, as that term is defined in Paragraph Section 3.4 below, or due to any substandard work, or for any other reason as provided in this Lease. Landlord’s 's payment of such amounts shall not be deemed Landlord’s 's approval or acceptance of the work furnished or materials supplied as set forth in Tenant’s 's payment request.

Monthly Disbursements. On or before the twentieth twenty-fifth (20th25th) day of each calendar month month, during the construction of the Tenant Improvements (the “Submittal Date”) (or such other date as Landlord may designate), Tenant may shall deliver to Landlord: (i) a request for payment of the “"Contractor,” " as that term is defined in Paragraph 4.1 Section 4.1.1 of this Work Letter, approved by Tenant Tenant, in a form to be provided by Landlord, showing the schedule, by trade, of percentage of completion of the Tenant Improvements in the Premises, 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 Paragraph Section 4.1.2 of this Work Letter, for labor rendered and materials delivered to the Premises (if such invoice is for the Contractor, the Contractor will need to provide an application and certificate for payment [AIA form G702-1992 or equivalent] signed by the Architect/Space Planner, and a breakdown sheet [AIA form G703-1992 or equivalent])Premises; (iii) a letter from the Tenant requesting payment from the Tenant Improvement Allowance; executed conditional mechanic's lien releases as to amounts subject to such draw, and (iv) executed unconditional mechanic’s lien releases with respect to contracts in excess of $25,000.00, which lien releases shall be conditional with respect amounts previous paid no less than sixty (60) days prior to the then-requested payment amounts and unconditional with respect to payment amounts previously disbursed by Landlord or Tenantdate of such release, from all of Tenant’s 's Agents which shall comply with the appropriate provisions, as reasonably determined by Landlord, of California Civil Code Sections 8132, 8134, 8136 and 8138; (iv) all of the Tenant Deliverables set forth in Sections 2 and 3 of Schedule 1 attached to this Work Letter, (i.e., the “Ongoing During Construction” and “Prior to Release of Any Funds” categories of Tenant Deliverables, respectively); (v) invoices for softs costs constituting Improvement Allowance Items, and (vi) all other information reasonably requested by Landlord. Tenant’s 's request for payment shall be deemed Tenant’s 's acceptance and approval of the work furnished and/or the materials supplied as set forth in Tenant’s 's payment request. On or before the date occurring thirty (30) days after the Submittal DateThereafter, and assuming Landlord receives all of the information described in items (i) through (iv), above, with respect to payments due and subject owing to Tenant first delivering any Over-Allowance Payments (as defined below) in accordance with Paragraph 4.2.1the Contractor, Landlord shall deliver a check to Tenant made to Tenant’s Agent (or to Tenant if such invoices were previously paid by the Tenant) in payment of the lesser of: (A) the amounts so requested by XxxxxxTenant, as set forth in this Paragraph 2.3.1Section 2.2.2.1, above, less a ten percent (10%) retention (the aggregate amount of such retentions shall from the Contract amount to be known as the “"Final TI Allowance Reimbursement”Retention"), and (B) the balance of any remaining available portion of the Tenant Improvement Allowance (not including the Final TI Allowance ReimbursementRetention), provided that Landlord does not dispute any request for payment based on material non-compliance of any work with the “"Approved Construction Documents”, Working Drawings," as that term is defined in Paragraph Section 3.4 below, or due to any substandard work, or for any other reason reason, and (ii) with respect to payments due and owing on account of all Improvement Allowance Items other than payments to the Contractor, Landlord shall deliver a check to Tenant in payment of the lesser of: (A) the amounts so requested by Tenant, as provided set forth in this LeaseSection 2.2.2.1, above, and (B) the balance of any remaining available portion of the Improvement Allowance. Landlord’s 's payment of such amounts shall not be deemed Landlord’s 's approval or acceptance of the work furnished or materials supplied as set forth in Tenant’s 's payment request.

Monthly Disbursements. On or before the twentieth (20th204h) day of each calendar month during the construction of the Tenant Improvements (the “‘Submittal Date”) (or such other date as Landlord may designate), Tenant may shall deliver to Landlord: (i1) a request for payment of the “Contractor,” as that term is defined in Paragraph 4.1 Section 4. 1 of this Tenant Work Letter, approved by Tenant showing the schedule, by trade, of percentage of completion of the Tenant Improvements in the Premises; (ii) invoices from all of “Tenant’s Agents,” as that term is defined in Paragraph 4.1.2 Section 4. 1 .2 of this Tenant Work Letter, for labor rendered and materials delivered to the Premises (if such invoice is for the Contractor, the Contractor will need to provide an application and certificate for payment [AIA AlA form G702-1992 i 992 or equivalent] signed by the Architect/Space ArchitectJSpace Planner, and a breakdown sheet [AIA AlA form G703-1992 or equivalent]); (iii) a an original letter from the Tenant approving such invoices and requesting payment from the Tenant Improvement Allowance; and (iv) executed mechanic’s lien releases with respect to contracts in excess of $25,000.00releases, which lien releases shall be conditional with respect to the then-requested payment amounts and unconditional with respect to payment amounts previously disbursed by Landlord or Tenant, from all of Tenant’s Agents which shall comply with the appropriate provisions, as Agents; and (v) all other information reasonably determined requested by Landlord, of California Civil Code Sections 8132, 8134, 8136 and 8138. Tenant’s request for payment shall be deemed TenantXxxxxx’s acceptance and approval of the work furnished and/or the materials supplied as set forth in Tenant’s payment request. On or before the date occurring thirty (30) days after the Submittal Date, and assuming Landlord receives all of the information described in items (i1) through (ivv), above, and subject to Tenant first delivering disbursing any portion of the Over-Allowance Payments Amount (as defined below) in accordance with Paragraph Section 4.2.1, Landlord shall deliver a check to Tenant made to Tenant’s Agent (or to Tenant if such invoices were previously paid by the Tenant) in payment of the lesser of: (A) the amounts so requested by Xxxxxx, as set forth in this Paragraph 2.3.1, Section 2. 2.2.1 above, less a ten percent (10%) retention (the aggregate amount of such retentions shall be known as the “Final TI Allowance Reimbursement”), and (B) the balance of any remaining available portion of the Tenant Improvement Allowance (not including the Final TI Allowance Reimbursement), provided that Landlord does not dispute any request for payment based on non-compliance of any work with the “Approved Construction Documents”’, as that term is defined in Paragraph Section 3.4 below, or due to any substandard work, or for any other reason as provided in this Lease. Landlord’s payment of such amounts shall not be deemed Landlord’s Landlords approval or acceptance of the work furnished or materials supplied as set forth in Tenant’s Tenants payment request.