Payment of Construction Allowance Sample Clauses

Payment of Construction Allowance. Fifty percent (50%) of the Construction Allowance shall be due on or prior to the Anticipated Delivery Date. Forty percent (40%) of the Construction Allowance shall be due ten (10) days after the date on which Tenant opens for business in the entire Premises. The balance of the Construction Allowance shall be due ten (10) days after Tenant delivers a copy of a lien waiver and release from Tenant's General Contractor. Tenant shall have no obligation to commence construction at the Premises until receipt by Tenant of the first installment of the Construction Allowance. In the event Landlord fails to deliver the first installment of the Construction Allowance to Tenant by the required due date, Tenant may elect to begin construction; however, such election shall not be deemed a waiver of any of the Delivery of Possession requirements, and the Construction Period shall be extended by one day for each day that Landlord fails to so deliver the first installment of the Construction Allowance. Except with respect to Tenant's General Contractor from whom a waiver of lien shall be required, the submission by Tenant of lien waivers from any other contractors, subcontractors or materialmen performing any work on behalf of Tenant at the Premises shall not be a condition precedent to the payment of any portion of the Construction Allowance. Nevertheless, Tenant shall submit such waivers as it has in its possession as soon as practicable after receipt of the same and, with respect to any subcontract for which no waiver is submitted, Tenant shall protect Landlord's interest from any lien in the manner provided in Section 17.3. If Landlord fails to pay any portion of the Construction Allowance within the time periods provided for hereinabove, and if such failure continues for a period of seven (7) days after written demand for payment by Tenant to Landlord, then in addition to all other rights and remedies that Tenant may have against Landlord (but without duplication in recovering the amounts due Tenant), Tenant shall be entitled to deduct the unpaid and overdue portion of the Construction Allowance from the Rent otherwise becoming due hereunder, together with interest on the unpaid balance thereof at the Default Rate.
Sample 1
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Payment of Construction Allowance. The Allowance shall be payable by Lessor to Lessee on a progress payment basis. In connection with each request for payment, Lessee shall submit to Lessor a detailed requisition request reasonably satisfactory to Lessor (each, a “Requisition Request”). Each disbursement to Lessee shall be made within thirty (30) days after Lessee has delivered to Lessor evidence of the completion of the Leasehold Improvements (or any portion thereof) pursuant to the Approved Plans and shall be in an amount equal to the substantiated amount of the expense paid or incurred by Lessee with respect to the Work Cost. Lessor shall not be obligated to pay any portion of the Allowance to Lessee if Lessee is in default of any of its obligations under this Lease. In no event shall Lessor be responsible for any sums in excess of the Allowance, and as a result, after Lessor has disbursed the full amount of the Allowance, Lessee shall be financially responsible for all remaining construction expenses for its Leasehold Improvements. Each Requisition Request shall be accompanied by reasonably detailed invoices and billing statements evidencing the completion of the work that is the subject of such Requisition Request. Lessee must submit all Requisition Requests on or before July 31, 2012, and Lessor shall have no obligation to pay any further monies with respect to the Leasehold Improvements after such date, excepting only any Requisitions submitted before such date.
Sample 1Sample 2
Payment of Construction Allowance. Based upon the applications for payment (individually, an "Application for Payment") submitted to Landlord by Tenant, Landlord will make progress payments to Tenant on account of the Construction Allowance as set out below; provided, however, Tenant may not make more than three (3) Applications for Payment prior to the final Application for Payment, and each such interim Applications for Payment must relate to constructed Work exceeding $100,000.00 in the aggregate.
Sample 1
Payment of Construction Allowance. Landlord agrees to make disbursements of the Construction Allowance in accordance with and subject to the following procedures:
Sample 1
Payment of Construction Allowance. No advance of the Construction Allowance shall be made by Landlord until Txxxxx has first paid from its own funds (and provided reasonable evidence thereof to Landlord) the amount of the Construction Allowance sought for reimbursement. Tenant shall promptly pay all contractors, vendors and suppliers as work is performed rather than waiting for Landlord to disburse the Construction Allowance. Provided Tenant has satisfied all of the conditions in Section 5 above, this Lease is in effect and Tenant is not in Default, Landlord shall reimburse Tenant for the Total Construction Costs and/or the Soft Costs from the Construction Allowance as follows: fifty percent (50%) if and when The J.X. Xxxxxxxxx Company, a Delaware corporation and its subsidiaries, satisfies all of the conditions set forth on Exhibit B-1 (collectively, the “Stabilization Event”) and fifty percent (50%) upon Tenant evidencing to Landlord’s reasonable satisfaction a Term Loan debt reduction of The J.X. Xxxxxxxxx Company, a Delaware corporation and its subsidiaries, from $449,000,000 to $275,000,000 or less (the “Debt Reduction Event”). If by the first anniversary of the Commencement Date both of the Stabilization Event and Debt Reduction Event have not occurred, but all of the other conditions to disbursement of the Construction Allowance are met, Landlord shall disburse ten percent (10%) of the Construction Allowance on each anniversary of the Commencement Date, unless sooner paid upon achievement of the Stabilization Event and Debt Reduction Event. Landlord shall not be required to disburse more than the total amount of the Construction Allowance then actually expended by Txxxxx. EXHIBIT B-1 STABILIZATION EVENTS B-3 The Stabilization Event is defined as (1) Debt to EBITDA less than or equal to 6.0 in two consecutive quarters at any point after the Commencement Date and (2) no Debt maturities greater than $50M in forward 36 month period beyond the current maturity of February 2019. Debt = Term Loan Debt (or similar replacement debt) as publicly reported, referenced in the Term Loan Payable Footnote of the J. X. Xxxxxxxxx Company’s financial statements . This Debt maturity is specific to the Term Loan Debt (or similar replacement debt). EBITDA = Adjusted EBITDA as publicly reported on a historical basis according to the Term Loan Agreement referenced in the Business Segments Section of the 10-Q Footnote 22. B-1-2 EXHIBIT B-2 LANDLORD’S PLANS B-2-1 EXHIBIT B-3 SPACE PLAN FOR INITIAL TENANT WORK...
Sample 1
Payment of Construction Allowance. Payments shall be made directly to the Contractor performing the Landlord Work. Landlord shall make progress payments to the Contractor out of the Construction Allowance in 3 installments. The first installment in the amount of 1/3 of the Construction Allowance (less 10% retainage) shall be paid within 30 days after Landlord’s receipt of Contractor’s written request which has been approved by Tenant and Landlord, which request may be made after the first third of construction of the Landlord Work has been completed. The second installment in the amount of 1/3 of the Construction Allowance (less 10% retainage) shall be paid within 30 days after Landlord’s receipt of Contractor’s written request which has been approved by Tenant and Landlord, which request may be made after the second third of the construction of the Landlord Work has been completed. The final installment in the amount of the balance of the Construction Allowance due Contractor shall be paid when the requirements in Paragraph 5(b)(ii) below are fulfilled.
Sample 1
Payment of Construction Allowance. Although Landlord and Tenant currently expect that Landlord or its affiliate will manage the performance of the Third Floor Premises Work and the Sixth Floor Premises Work, if Tenant or its agent is managing the performance of such work, then Tenant shall not become entitled to full credit for the applicable Construction Allowance until the Third Floor Premises Work or the Sixth Floor Premises Work (as the case may be) has been substantially completed and Tenant has caused to be delivered to Landlord (a) all invoices from contractors, subcontractors, and suppliers evidencing the cost of performing the Third Floor Premises Work or the Sixth Floor Premises Work (as the case may be), together with lien waivers from such parties, and a consent of the surety to the finished Third Floor Premises Work or the Sixth Floor Premises Work, as the case may be (if applicable), and (b) a certificate of occupancy from the appropriate governmental authority, if applicable to the Third Floor Premises Work or the Sixth Floor Premises Work (as the case may be), or evidence of governmental inspection and approval of the Third Floor Premises Work or the Sixth Floor Premises Work (as the case may be).
Sample 1
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Related to Payment of Construction Allowance

  • Commencement of Construction Construction of the Project will start within thirty (30) days after notification to the Developer by the Owner, or as soon thereafter as weather and ground conditions permit.

  • DAF Construction The DAF shall be designed and constructed in accordance with Good Utility Practice. Within one hundred twenty (120) Calendar Days after the Commercial Operation Date, unless the Developer and Connecting Transmission Owner agree on another mutually acceptable deadline, the Developer shall deliver to the Connecting Transmission Owner and NYISO “as- built” drawings, information and documents for the DAF, such as: a one-line diagram, a site plan showing the Large Generating Facility and the DAF, plan and elevation drawings showing the layout of the DAF, a relay functional diagram, relaying AC and DC schematic wiring diagrams and relay settings for all facilities associated with the Developer’s step-up transformers, the facilities connecting the Large Generating Facility to the step-up transformers and the DAF, and the impedances (determined by factory tests) for the associated step-up transformers and the Large Generating Facility. The Developer shall provide to, and coordinate with, Connecting Transmission Owner and NYISO with respect to proposed specifications for the excitation system, automatic voltage regulator, Large Generating Facility control and protection settings, transformer tap settings, and communications, if applicable.

  • PRE-CONSTRUCTION PHASE FEE The Pre-Construction Phase Fee is the total compensation payable to Contractor for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC established in this Agreement. 6.1 Except as specifically allowed by Owner, Contractor shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Construction Phase Fee shall be equitably adjusted. If the AACC is changed materially before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall be adjusted in writing in proportion to the change in the AACC. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 For Additional Pre-Construction Phase Services that are approved in advance and in writing by Owner, Contractor shall be entitled to additional compensation computed as follows: 6.4.1 A pre-established lump sum amount; or 6.4.2 The hourly cost of Contractor’s employees or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 As otherwise agreed in advance and in writing.

  • Construction Allowance (a) Landlord shall provide to Tenant a construction allowance not to exceed $135.00 per rentable square foot in the Relocation Premises (the “Construction Allowance”) to be applied toward the Total Construction Costs, as adjusted for any changes to the Tenant Work. If the Total Construction Costs are estimated to exceed the Construction Allowance by more than $5.00 per rentable square foot of the Relocation Premises, then no advance of the Construction Allowance shall be made by Landlord until Tenant has first paid to the contractor from its own funds (and provided reasonable evidence thereof to Landlord) the anticipated amount by which the projected Total Construction Costs exceed the amount of the Construction Allowance. Thereafter, Landlord shall pay to Tenant (or at Tenant’s request directly to Tenant’s general contractor) the Construction Allowance in multiple disbursements (but not more than once in any calendar month) following the receipt by Landlord of the following items: (i) a request for payment and sworn statements of Tenant and contractor, (ii) final or partial lien waivers, as the case may be, from all persons performing work or supplying or fabricating materials for the Tenant Work, fully executed, acknowledged and in recordable form, which waivers may be conditioned upon receipt of payment, (iii) the Architect’s certification that the Tenant Work for which reimbursement has been requested has been finally completed, including (with respect to the last application for payment only) any punch-list items, on the appropriate AIA form or another form approved by Landlord, and, (iv) with respect to the disbursement of the last 10% of the Construction Allowance, (1) the permanent certificate of occupancy issued for the Relocation Premises, if required by applicable law, (2) the record drawing in CAD format, PDF format and hard copy required by Section 5 above, and (3) an estoppel certificate confirming such factual matters as Landlord or Landlord’s Mortgagee may reasonably request (collectively, a “Completed Application for Payment”). Landlord shall pay the amount requested in the applicable Completed Application for Payment to Tenant within 30 days following Tenant’s submission of the Completed Application for Payment. If, however, the Completed Application for Payment is incomplete or incorrect, Landlord shall promptly notify Tenant of the same and Landlord’s payment of such request shall be deferred until 30 days following Landlord’s receipt of the corrected Completed Application for Payment. Notwithstanding anything to the contrary contained in this Exhibit, Landlord shall not be obligated to make any disbursement of the Construction Allowance during the pendency of any of the following: (1) Landlord has received written notice of any unpaid claims relating to any portion of the Tenant Work or materials in connection therewith covered by previously funded applications for payment, (2) there is an unbonded lien outstanding against the Building or the Relocation Premises or Tenant’s interest therein by reason of work done, or claimed to have been done, or materials supplied or specifically fabricated, claimed to have been supplied or specifically fabricated, to or for Tenant or the Relocation Premises, (3) the conditions to the advance of the Construction Allowance are not satisfied, or (4) Tenant is in Default under the Lease. (b) The Construction Allowance must be used on Tenant Work performed within the Relocation Premises and the Total Construction Costs and may not be used to pay for furniture, fixtures or equipment or as rent abatement, HOWEVER, notwithstanding the foregoing, provided Tenant is not in Default, Tenant may use a portion of the Construction Allowance, not to exceed an amount equal to $35.00 per rentable square foot of the Relocation Premises, to pay for furniture, fixtures or equipment, moving costs, cabling costs, and other soft costs associated with the Relocation Premises. Should Tenant elect to use a portion of the Construction Allowance to pay for such soft costs, at Landlord’s request Tenant shall execute and deliver a letter to Landlord confirming the exact amount of the Construction Allowance used to pay for such soft costs. Should Tenant elect to use a portion of the Construction Allowance to pay for such costs, Tenant shall provide Landlord with a written request that includes copies of paid invoices or receipts for reimbursement of such costs, and Landlord shall reimburse Tenant for such amounts within 30 days of receipt of Tenant’s request. Tenant shall provide lien waivers as appropriate. No portion of the Construction Allowance may be used as a credit against Rent due under the Lease. (c) The Construction Allowance must be used (i.e. work performed and invoices submitted to Landlord) by June 30, 2020, or the Construction Allowance shall be deemed forfeited with no further obligation by Landlord with respect thereto. (d) If Landlord defaults in Landlord’s obligation to pay the Construction Allowance pursuant to Section 9 of this Exhibit B-1, or any portion thereof, within five (5) days after the date the same is due, then Tenant shall have the right to give Landlord a second written notice (“Offset Exercise Notice”) requesting payment of such unpaid amounts and notifying Landlord that Tenant intends to offset against rent if not paid. In the event that Landlord fails to contest in good faith or fully pay such amounts within ten (10) business days after such Offset Exercise Notice is received by Landlord, then provided no Default exists Tenant may withhold and offset such unpaid sums from and against 25% of Base Rent next due until paid.

  • ICIF Construction The ICIF shall be designed and constructed in accordance with Good Utility Practice. Within one hundred twenty (120) Calendar Days after the Commercial Operation Date, unless the Parties agree on another mutually acceptable deadline, Interconnection Customer shall deliver to Transmission Provider and Transmission Owner “as-built” drawings, information and documents for the ICIF, such as: a one-line diagram, a site plan showing the Generating Facility and the ICIF, plan and elevation drawings showing the layout of the ICIF, a relay functional diagram, relaying AC and DC schematic wiring diagrams and relay settings for all facilities associated with the Interconnection Customer’s step-up transformers, the facilities connecting the Generating Facility to the step-up transformers and the ICIF, and the impedances (determined by factory tests) for the associated step-up transformers and the Generating Facility. Interconnection Customer shall provide Transmission Provider and Transmission Owner with Interconnection Customer’s specifications for the excitation system, automatic voltage regulator, Generating Facility control and protection settings, transformer tap settings, and communications, if applicable.

  • Pre-Construction Phase Employer’s Liability, Workers’ Compensation, Comprehensive General Liability and Comprehensive Automobile Liability in the amounts as set forth in the UGSC.

  • Completion of Construction Within 60 days of the completion of construction of the Project, Project Owner shall deliver to DoD copies of the FAA form 7460-2 for each ASN, including the final coordinates for each turbine erected.

  • Commencement and Completion of Construction Subject to Unavoidable Delays, Developer shall cause construction of the Minimum Improvements to be undertaken and completed: (i) by no later than June 1, 2020; or (ii) by such other date as the parties shall mutually agree upon in writing. Time lost as a result of Unavoidable Delays shall be added to extend this date by a number of days equal to the number of days lost as a result of Unavoidable Delays. All work with respect to the Minimum Improvements shall be in conformity with the Construction Plans approved by the building official or any amendments thereto as may be approved by the building official. Developer agrees that it shall permit designated representatives of the City, upon reasonable notice (which does not have to be written), to enter upon the Development Property during the construction of the Minimum Improvements to inspect such construction and the progress thereof.

  • Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the internal laws of the State of New York.

  • During Construction Upon request of the Owner the Contractor shall submit written proposals for unit prices to be applied in the event Change Order Work is authorized by the Owner to be performed under Case (b).

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