Common use of Payment of Allowance Clause in Contracts

Payment of Allowance. The Allowance shall be paid in one lump sum payment following completion of Tenant's Work and satisfaction of each of the following terms and conditions. Following completion of Tenant's Work, Tenant shall submit each of the following: (i) invoices for the Tenant's Work, with sufficient back-up billxxxx xxxm subcontractors, suppliers and providers of services to give Landlord a complete financial accounting regarding each invoice to be reimbursed by Landlord, (ii) a certificate signed by Tenant's Architect and an authorized representative of Tenant certifying that the Tenant's Work represented by the aforesaid invoices has been satisfactorily completed in accordance with Tenant's Plans and confirming that all of Tenant's Work is complete, (iii) lien waivers by Tenant's contractors, subcontractors and materialmen for all such work, (iv) a general release from the contractor, subcontractors and materialmen regarding Tenant's Work along with final governmental approvals of Tenant's Work and (v) a certificate signed by Tenant and Tenant's Architect certifying that no portion of the Allowance was applied to the costs of Tenant's property or equipment. Landlord shall pay to Tenant the amounts specified in such invoices, not to exceed the Allowance, within 30 days after receipt of all of the information and documentation specified above. Landlord shall have the right to inspect the Premises to confirm the completion of the BUILDING CONSTRUCTION RULES The following are general rules and regulations governing all work in the Building, including Tenant's Work and any Alterations (collectively, "TENANT'S WORK"). The manager for the Building ("BUILDING MANAGER") will be Landlord's representative in coordinating and supervising Tenant's work. Nothing contained in these Construction Rules shall (i) create any contractual obligations for Landlord or Building Manager in connection with Tenant's work or (ii) in any way affect, modify or supersede any of the terms set forth in this Lease. The Construction Rules may be modified and supplemented from time to time as Landlord may reasonably require for the proper monitoring and control of construction at the Building.

Payment of Allowance. The Allowance and the Reserve Funds -------------------- (as defined below) shall be paid by Lessor in accordance with this Paragraph 3.4. The Lessee Improvement Allowance shall be paid in one lump sum payment following completion of Tenant's Work and satisfaction of each fully disbursed prior to any disbursement of the following terms Lessee Improvement Loan. Lessor shall pay directly all fees and conditions. Following completion of Tenantcosts payable to Lessor's Work, Tenant shall submit each consultants in connection with the review of the following: Space Plans and Plans (not to exceed $5,000.00 in the aggregate), which shall be charged against and payable from the Allowance. Lessee or Lessee's general contractor shall provide Lessor, not more often than once per calendar month, with an invoice prepared by Lessee's general contractor (or Lessee's Architect with respect to design costs) on the standard AIA forms or in such other similar form approved by Lessor setting forth the Work Cost payable since the last such invoice. Such invoice shall be accompanied by (i) a certificate from Lessee's Architect and general contractor certifying that the Work Cost set forth in such invoice is accurate and that all Work Costs set forth in prior invoices for the Tenant's Work, with sufficient back-up billxxxx xxxm subcontractors, suppliers and providers of services to give Landlord a complete financial accounting regarding each invoice to be reimbursed by Landlordhave been paid, (ii) a certificate signed by Tenantcopies of all invoices from subcontractors setting forth the Work Cost on Lessee's Architect and an authorized representative of Tenant certifying that the Tenantgeneral contractor's Work represented by the aforesaid invoices has been satisfactorily completed in accordance with Tenant's Plans and confirming that all of Tenant's Work is completeinvoice, (iii) lien waivers by Tenant's contractorsreceipts from such subcontractors acknowledging payment of the Work Cost set forth in prior invoices, subcontractors and materialmen for all such work, (iv) a copies of lien releases and waivers, or conditional lien releases and waivers, in both Lessor's and Lessee's favor, from Lessee's general release from the contractor, contractor and subcontractors (such releases and materialmen regarding Tenant's Work along waivers shall be conditional with final governmental approvals of Tenant's Work and (v) a certificate signed by Tenant and Tenant's Architect certifying that no portion of the Allowance was applied respect to the costs of Tenant's property or equipmentWork Cost set forth in the invoice which they are accompanying and final with respect to the Work Cost on prior invoices). Landlord Lessor shall pay to Tenant the amounts specified in such invoicesLessee's general contractor, not or to exceed the AllowanceLessee's Architect with respect to design costs, within 30 five (5) business days after of receipt of all of the information foregoing, the Work Cost set forth on the invoice, less the amount of the retention as described in Paragraph 4.1 below, to the extent Lessor, in its reasonable judgment, deems such Work Cost to be accurate. Such payment shall be from the Allowance and documentation specified abovethe Reserve Funds in the proportions described in Paragraph 3.5 below. Landlord Upon completion of all work to be undertaken by Lessee, which completion shall have be certified, on the right AIA form or in such other similar form approved by Lessor, by Lessee, the Architect and the Contractor, Lessee shall execute and deliver to inspect Lessor a written acknowledgment that the Premises Lessee Improvements are approved by Lessee and a written certificate setting forth the amount and nature of all costs and expenses billed to confirm Lessee in connection with the design, permit approval and construction of the Lessee Improvements. Within ten (10) days after Lessor's receipt of such certificate, accompanied by copies of all related bills, invoices, receipts and final unconditional lien releases and unconditional waivers of all lien rights, in recordable form, from Lessee's contractor and all subcontractors, Lessor shall pay to Lessee the remaining amount of such cost and expenses which will be due to the actual hold back provided in the construction contract up to and including, but not exceeding, the Allowance and the Reserve Funds. Such payment shall be from the Allowance and the Reserve Funds in the proportions described in Paragraph 3.5 below. Within thirty (30) days of the completion of the BUILDING CONSTRUCTION RULES The following are general rules and regulations governing all work in the BuildingLessee Improvements, including Tenant's Work and any Alterations Lessee shall deliver to Lessor two (collectively, "TENANT'S WORK"). The manager 2) complete sets of as-built plans for the Building ("BUILDING MANAGER") will be Landlord's representative in coordinating and supervising Tenant's work. Nothing contained in these Construction Rules shall (i) create any contractual obligations for Landlord or Building Manager in connection with Tenant's work or (ii) in any way affect, modify or supersede any of the terms set forth in this Lease. The Construction Rules may be modified and supplemented from time to time as Landlord may reasonably require for the proper monitoring and control of construction at the BuildingLessee Improvements.

Payment of Allowance. The Allowance shall be paid by Lessor in one lump sum payment following completion of Tenantaccordance with this Section 3.4. Lessee or Lessee's Work and satisfaction Contractor shall provide Lessor by the fifteenth (15th) day of each of calendar month with an invoice prepared by Lessee's Contractor (or Lessee's Architect with respect to design costs) setting forth the following terms and conditionsWork Cost payable since the last such invoice. Following completion of Tenant's Work, Tenant Such invoice shall submit each of the following: be accompanied by (i) a certificate from Lessee's Architect or Lessee's Contractor certifying that the Work Cost set forth in such invoice is accurate and that all Work Costs set forth in prior invoices for the Tenant's Work, with sufficient back-up billxxxx xxxm subcontractors, suppliers and providers of services to give Landlord a complete financial accounting regarding each invoice to be reimbursed by Landlordhave been paid, (ii) a certificate signed by Tenantcopies of all invoices from subcontractors setting forth the Work Cost on Lessee's Architect and an authorized representative of Tenant certifying that the TenantContractor's Work represented by the aforesaid invoices has been satisfactorily completed in accordance with Tenant's Plans and confirming that all of Tenant's Work is completeinvoice, (iii) lien waivers by Tenant's contractorsreceipts from such subcontractors acknowledging payment of the Work Cost set forth in prior invoices, subcontractors and materialmen for all such work, (iv) a general release copies of lien waivers, or conditional lien waivers, in both Lessor's and Lessee's favor, from the contractor, Lessee's Contractor and subcontractors and materialmen regarding Tenant's Work along (such waivers shall be conditional with final governmental approvals of Tenant's Work and (v) a certificate signed by Tenant and Tenant's Architect certifying that no portion of the Allowance was applied respect to the costs Work Cost set forth in the invoice which they are accompanying and final with respect to the Work Cost on prior invoices). Lessor's approval of Tenant's property all such invoices shall not be unreasonably withheld, conditioned, or equipmentdelayed. Landlord Lessor shall pay to Tenant the amounts specified in such invoicesLessee's Contractor, not or to exceed the AllowanceLessee's Architect with respect to design costs, within 30 ten (10) calendar days after of receipt of all of the information foregoing, the Work Cost set forth on the invoice, less the amount of the retention as described in Section 4.1 below, to the extent Lessor, in its reasonable judgment, deems such Work Cost to be accurate. Upon exhaustion of the Allowance it shall become Lessee's responsibility to pay the Work Cost as set forth on such invoices, also within such ten (10) calendar day period, and documentation specified aboveLessee shall provide Lessor promptly upon Lessor's request with reasonable evidence of such payment. Landlord shall have the right to inspect the Premises to confirm the Upon final completion of the BUILDING CONSTRUCTION RULES The following are general rules and regulations governing all work in to be undertaken by Lessee (including all punchlist items), which final completion shall be certified by the BuildingArchitect and which final completion shall occur not later than one (1) year after the Lease Commencement Date, including Tenant's Work Lessee shall execute and any Alterations (collectively, "TENANT'S WORK"). The manager for deliver to Lessor a written acknowledgment that the Building ("BUILDING MANAGER") will be Landlord's representative in coordinating Leasehold Improvements are approved by Lessee and supervising Tenant's work. Nothing contained in these Construction Rules shall (i) create any contractual obligations for Landlord or Building Manager a written certificate setting forth the amount and nature of all costs and expenses billed to Lessee in connection with Tenant's work or (ii) in any way affectthe design, modify or supersede any permit approval and construction of the terms set forth Leasehold Improvements. Within ten (10) days after Lessor's receipt of such certificate, accompanied by copies of all related bills, invoices, receipts and final conditional lien waivers of all lien rights, in this Leaserecordable form, from Lessee's Contractor and all subcontractors, Lessor shall pay to Lessee the remaining amount of such cost and expenses, including the actual hold back provided in the construction contract, up to and including, but not exceeding, the Allowance. The Construction Rules may Lessee shall receive no payment, rent reduction or credit for any unused portion of the Allowance. Lessor shall not be modified and supplemented from time obligated to time as Landlord may reasonably require pay any portion of the Allowance for Work Cost incurred after the proper monitoring and control of construction at date that is one (1) year after the Building.Lease Commencement Date. 95

Payment of Allowance. The Allowance shall be paid in one lump sum payment following completion No more than once per calendar month and no more than four times over the course of Tenant's Work and satisfaction Lxxxxx’s construction of each of the following terms and conditions. Following completion of Tenant's Lessee’s Work, Tenant Lessee shall submit each of provide Lessor with an invoice setting forth the following: Work Cost payable for the applicable time frame. Such invoice shall, to the extent applicable, be accompanied by (i) invoices for a certificate from the Tenant's Work, Architect certifying that the Lessee’s Work constructed to date have been constructed in accordance with sufficient back-up billxxxx xxxm subcontractors, suppliers and providers of services to give Landlord a complete financial accounting regarding each invoice to be reimbursed by LandlordFinal Plans, (ii) a certificate signed by Tenant's Architect copies of all invoices from Contractor and an authorized representative of Tenant certifying that subcontractors included in the Tenant's Work represented by Cost on the aforesaid invoices has been satisfactorily completed in accordance with Tenant's Plans invoice, and confirming that all of Tenant's Work is complete, (iii) copies of lien waivers by Tenant's contractorsin a form complying with applicable statutes, subcontractors from the Contractor and all subcontractors, materialmen for all such and other suppliers of work, services or materials with lien rights under Arizona law (iv) a general release from the contractor, subcontractors and materialmen regarding Tenant's Work along such waivers shall be conditional with final governmental approvals of Tenant's Work and (v) a certificate signed by Tenant and Tenant's Architect certifying that no portion of the Allowance was applied respect to the costs of Tenant's property or equipmentWork Cost set forth in the invoice that they are accompanying and unconditional with respect to the Work Cost on prior invoices). Landlord Lessor shall pay to Tenant the amounts specified in such invoices, not to exceed the Allowance, Lessee within 30 twenty (20) days after of receipt of all of the information and documentation specified aboveforegoing, the Work Cost set forth on the invoice. Landlord shall have the right to inspect the Premises to confirm the Upon final completion of the BUILDING CONSTRUCTION RULES The following are general rules and regulations governing all work in the Buildingto be undertaken by Lxxxxx (including all punch list items), including Tenant's Work and any Alterations (collectively, "TENANT'S WORK"). The manager for the Building ("BUILDING MANAGER") will be Landlord's representative in coordinating and supervising Tenant's work. Nothing contained in these Construction Rules Lessee shall provide Lessor with (i) create any contractual obligations for Landlord or Building Manager a final certificate from the Architect certifying that all Lessee’s Work has been constructed in connection accordance with Tenant's work or the Final Plans, (ii) in any way affectcopies of final, modify or supersede any unconditional lien waivers as described above, (iii) a written acknowledgment from Lessee that the Lessee’s Work is approved by Lxxxxx, and (iv) a copy of the terms set forth in this Lease. The Construction Rules may be modified and supplemented from time to time as Landlord may reasonably require certificate of occupancy for the proper monitoring Premises issued by the appropriate governmental agency. Notwithstanding anything to the contrary herein, in no event shall the payments made pursuant to this Paragraph 3.4 exceed the amount of the Maximum Allowance Amount, and control Lessee shall not be entitled to any credit or offset of construction at Rent (as defined in the BuildingLease) if the Work Cost exceeds the Maximum Allowance Amount.

Payment of Allowance. The Upon receipt of an application for a progress payment from the Contractor, Tenant's architect shall promptly review and certify the amounts due the Contractor and shall deliver to Landlord for review and approval the certificate of payment for such progress payment. Application for a progress payment shall not be made more often than monthly. Landlord shall pay to the Contractor, within thirty (30) days after Landlord's receipt of a certificate of payment, that portion (if any) of the Construction Allowance equal to (i) the approved portion of the applicable progress payment multiplied by (ii) a fraction the numerator of which is the Construction Allowance and the denominator of which is the Cost Breakdown, which amounts shall be subject to adjustment as provided herein. Tenant shall pay the balance of each such progress payment until the Construction Allowance shall be paid disbursed in one lump sum full, at which time Tenant shall pay all remaining costs of Tenant's Work. Landlord's payment following completion to the Contractor shall be subject to receipt of appropriate lien releases and any other evidence of payment for labor and materials supplied as may be reasonably requested by Landlord. In the event that the cost of Tenant's Work increases or decreases subsequent to the approval of the Final Plans, the Cost Breakdown shall be adjusted by the amount of such increase or decrease, as the case may be, and satisfaction Landlord's proportionate share of each subsequent progress payment shall be adjusted accordingly. The Contractor will provide Landlord with the proper mechanics lien releases at the time of invoicing with such releases under California law. Should there be any liens on the following terms and conditions. Following completion Premises or the Shopping Center as a result of Tenant's Work, Landlord shall give written notice thereof to Tenant and thereafter Tenant shall submit each of the following: (i) invoices for the Tenant's Work, with sufficient back-up billxxxx xxxm subcontractors, suppliers and providers of services to give Landlord a complete financial accounting regarding each invoice to be reimbursed by Landlord, (ii) a certificate signed by Tenant's Architect and an authorized representative of Tenant certifying that the Tenant's Work represented by the aforesaid invoices has been satisfactorily completed in accordance with Tenant's Plans and confirming that all of Tenant's Work is complete, (iii) lien waivers by Tenant's contractors, subcontractors and materialmen for all such work, (iv) a general release from the contractor, subcontractors and materialmen regarding Tenant's Work along with final governmental approvals of Tenant's Work and (v) a certificate signed by Tenant and Tenant's Architect certifying that no portion of the Allowance was applied to bear the costs of Tenant's property to remove such liens by bonding or equipment. Landlord otherwise, provided that Tenant shall pay to Tenant the amounts specified in such invoices, not to exceed the Allowance, within 30 days after receipt of all of the information and documentation specified above. Landlord shall have the right to inspect the Premises to confirm the completion of the BUILDING CONSTRUCTION RULES The following are general rules and regulations governing all work in the Building, including Tenant's Work and be responsible for removing any Alterations (collectively, "TENANT'S WORK"). The manager for the Building ("BUILDING MANAGER") will be liens resulting from Landlord's representative in coordinating and supervising Tenant's work. Nothing contained in these failure to pay the Construction Rules shall Allowance (iif any) create any contractual obligations for Landlord or Building Manager in connection with Tenant's work or (ii) in any way affect, modify or supersede any of the terms set forth in this Lease. The Construction Rules may be modified and supplemented from time to time as Landlord may reasonably require for the proper monitoring and control of construction at the Buildingprovided herein.

Payment of Allowance. The Allowance shall be paid by Lessor in one lump sum payment following completion of Tenantaccordance with this SECTION 3.4. Lessee or Lessee's Work and satisfaction Contractxx xxall provide Lessor by the fifteenth (15th) day of each of calendar month with an invoice prepared by Lessee's Contractxx (xr Lessee's Architecx xxxx respect to design costs) setting forth the following terms and conditionsWork Cost payable since the last such invoice. Following completion of Tenant's Work, Tenant Such invoice shall submit each of the following: be accompanied by (i) a certificate from Lessee's Architecx xx Xessee's Contractor certifying that the Work Cost set forth in such invoice is accurate and that all Work Costs set forth in prior invoices for the Tenant's Work, with sufficient back-up billxxxx xxxm subcontractors, suppliers and providers of services to give Landlord a complete financial accounting regarding each invoice to be reimbursed by Landlordhave been paid, (ii) a certificate signed by Tenantcopies of all invoices from subcontractors setting forth the Work Cost on Lessee's Architect and an authorized representative of Tenant certifying that the TenantContractor's Work represented by the aforesaid invoices has been satisfactorily completed in accordance with Tenant's Plans and confirming that all of Tenant's Work is completeinvoice, (iii) lien waivers by Tenant's contractorsreceipts from such subcontractors acknowledging payment of the Work Cost set forth in prior invoices, subcontractors and materialmen for all such work, (iv) a general release from the contractorcopies of lien waivers, or conditional lien waivers, in both Lessor's and Lessee's favor, frxx Xxxsee's Contractox xxx subcontractors and materialmen regarding Tenant's Work along (such waivers shall be conditional with final governmental approvals of Tenant's Work and (v) a certificate signed by Tenant and Tenant's Architect certifying that no portion of the Allowance was applied respect to the costs Work Cost set forth in the invoice which they are accompanying and final with respect to the Work Cost on prior invoices). Lessor's approval of Tenant's property all such invoices shall not be unreasonably withheld, conditioned, or equipmentdelayed. Landlord Lessor shall pay to Tenant the amounts specified in such invoicesLessee's Contractox, not xx to exceed the AllowanceLessee's Architect xxxx respect to design costs, within 30 ten (10) calendar days after of receipt of all of the information foregoing, the Work Cost set forth on the invoice, less the amount of the retention as described in SECTION 4.1 below, to the extent Lessor, in its reasonable judgment, deems such Work Cost to be accurate. Upon exhaustion of the Allowance it shall become Lessee's responsixxxxxx to pay the Work Cost as set forth on such invoices, also within such ten (10) calendar day period, and documentation specified aboveLessee shall provide Lessor promptly upon Lessors request with reasonable evidence of such payment. Landlord shall have the right to inspect the Premises to confirm the Upon final completion of the BUILDING CONSTRUCTION RULES The following are general rules and regulations governing all work in to be undertaken by Lessee (including xxx punchlist items), which final completion shall be certified by the BuildingArchitect and which final completion shall occur not later than two (2) years after the Lease Commencement Date, including Tenant's Work Lessee shall execute and any Alterations (collectively, "TENANT'S WORK"). The manager for deliver to Lessor a written acknowledgment that the Building ("BUILDING MANAGER") will be Landlord's representative in coordinating Leasehold Improvements are approved by Lessee and supervising Tenant's work. Nothing contained in these Construction Rules shall (i) create any contractual obligations for Landlord or Building Manager a written certificate setting forth the amount and nature of all costs and expenses billed to Lessee in connection with Tenant's work or (ii) in any way affectthe design, modify or supersede any permit approval and construction of the terms set forth Leasehold Improvements. Within ten (10) days after Lessor's receipt ox xxxx certificate, accompanied by copies of all related bills, invoices, receipts and final conditional lien waivers of all lien rights, in this Leaserecordable form, from Lessee's Contractxx xxx all subcontractors, Lessor shall pay to Lessee the remaining amount of such cost and expenses, including the actual hold back provided in the construction contract, up to and including, but not exceeding, the Allowance. The Construction Rules may Lessee shall receive no payment, rent reduction or credit for any unused portion of the Allowance. Lessor shall not be modified and supplemented from time obligated to time as Landlord may reasonably require pay any portion of the Allowance for Work Cost incurred after the proper monitoring and control of construction at date that is two (2) years after the BuildingLease Commencement Date.