Common use of Payment of Construction Costs Clause in Contracts

Payment of Construction Costs. In the manner provided in this Section 1.2, Landlord shall pay to Tenant a “Construction Allowance” equal to the sum of: (i) Fifty Thousand Dollars, plus (ii) Thirty-Seven and 50/100s Dollars ($37.50) multiplied by the Rentable Area of the Premises (excluding the Storage Space). Tenant shall have the right to exercise any of its remedies at law if Xxxxxxxx fails to disburse the Construction Allowance to Tenant in accordance with the provisions of this Lease. Tenant shall not be entitled to a credit for any unused portion of the Construction Allowance in the form of rent abatement or otherwise. Before commencement of any portion of Tenant’s Work, Tenant shall pay to Landlord or Landlord’s lender an amount reasonably determined by Landlord to be the costs of constructing and purchasing all elements of the Tenant’s Work, minus the amount of the Construction Allowance (the “Tenant Deposit”). If permitted by Xxxxxxxx’s lender, the Tenant’s Deposit shall be deposited in a non-interest bearing account. Monthly during the construction of the Tenant’s Work, Landlord shall disburse to Tenant, or at Landlord’s option directly to Tenant’s contractors or materialmen, a portion of the Construction Allowance and a portion of the Tenant Deposit (in the ratios which the Construction Allowance and the Tenant Deposit bear to each other) to pay 90% of all hard and soft costs of construction incurred during such month in connection with the Tenant’s Work. Landlord obligation to make such disbursement shall be subject to Landlord’s receipt of the following: (i) copies of paid invoices and conditional lien waivers in connection with all such work, (ii) a certification by Xxxxxx’s architect that all such work has been performed in accordance with plans and specifications approved by Landlord, and (iii) such other information that may be reasonably requested by Landlord or Landlord’s lender. Upon substantial completion of Tenant’s Work, Tenant shall submit to Landlord a written notice indicating that Xxxxxx has completed Tenant’s Work, which notice shall be accompanied by all of the following (collectively, “Tenant’s Completion Notice”): (i) copies of paid invoices and unconditional lien waivers from Tenant’s general contractor and all subcontractors and material suppliers, showing that full payment has been received for the construction of all aspects of Tenant’s Work; (ii) certification from Tenant’s architect that to the best of its knowledge all of Tenant’s Work has been completed substantially in accordance with the plans and specifications therefor approved by Landlord and all local governmental and quasi-governmental authorities with jurisdiction; and (iii) a copy of the building permit or job card for Tenant’s Work, showing that Xxxxxx’s Work has been finally approved by the appropriate building inspector, plus any other evidence reasonably required by Landlord indicating that all legal requirements for Tenant’s occupancy of the Premises have been satisfied. Landlord shall pay any properly payable withheld portion of the Construction Allowance and the Tenant Deposit to Tenant within thirty (30) days after the date of Landlord’s receipt of Tenant’s Completion Notice (including all of the material specified above).

Payment of Construction Costs. In (a) Tenant shall cause the manner provided Contractor to construct the Leasehold Improvements in this Section 1.2a good and workmanlike manner, Landlord shall pay to Tenant a “Construction Allowance” equal to in accordance with the sum of: (i) Fifty Thousand DollarsWorking Drawings and in compliance with all applicable laws, plus (ii) Thirty-Seven codes, rules and 50/100s Dollars ($37.50) multiplied by regulations. Without limiting the Rentable Area generality of the Premises (excluding foregoing, Tenant shall, at its sole expense, obtain all building permits, certificates of occupancy and all other approvals, permits, certificates and other authorizations in connection with the Storage Space)construction of Leasehold Improvements and the occupancy of the Premises. Tenant shall promptly pay the Contractor, in accordance with the Contract, for all work performed pursuant thereto and shall cause the Contractor to pay all its subcontractors, marterialmen, suppliers, and laborers in a timely manner so that no mechanic's, materialmen's or other lien shall ever attach to the Project or any portion thereof or any interest therein. Landlord shall at all times have the right to exercise any enter on the Leased Premises and inspect the progress of its remedies at law if Xxxxxxxx fails the Work and to disburse supervise and coordinate such construction activities, and so as to determine whether the Construction Allowance Leasehold Improvements are compatible with existing electrical, mechanical, HVAC and other Building central and branch systems and the Landlord's quality standards. Each party agrees to Tenant in accordance reasonably cooperate with the provisions of this Lease. Tenant shall not be entitled to a credit for any unused portion other party in connection with the prosecution of the Construction Allowance in work performed by both parties and to not unreasonably interfere, with the form of rent abatement or otherwiseother party's work. Before commencement of any portion of Tenant’s Work, Tenant shall pay to Landlord or Landlord’s lender an amount reasonably determined by Landlord to be the costs of constructing and purchasing all elements of the Tenant’s Work, minus the amount of the Construction Allowance (the “Tenant Deposit”). If permitted by Xxxxxxxx’s lender, the Tenant’s Deposit shall be deposited in a non-interest bearing account. Monthly during the construction of the Tenant’s Work, Landlord shall disburse to Tenant, or at Landlord’s option directly to Tenant’s contractors or materialmen, a portion of Tenant the then-available Construction Allowance and a portion in periodic draws (collectively, the "Draws"), each such Draw to be in an amount equal to the product of the Tenant Deposit (in the ratios which the Construction Allowance and the Tenant Deposit bear to each other) to pay 90% of all hard and soft costs of construction incurred during such month in connection with the Tenant’s Work. Landlord obligation to make such disbursement shall be subject to Landlord’s receipt of the following: (i) copies of paid invoices and conditional lien waivers in connection with all such workthe total Construction Allowance, multiplied by (ii) a certification by Xxxxxx’s architect that all such work has been performed in accordance with plans and specifications approved by Landlordfraction, and (iii) such other information that may be reasonably requested by Landlord or Landlord’s lender. Upon substantial completion the numerator of Tenant’s Work, Tenant shall submit to Landlord a written notice indicating that Xxxxxx has completed Tenant’s Work, which notice shall be accompanied by all is the value of the following (collectively, “Tenant’s Completion Notice”): (i) copies of paid invoices and unconditional lien waivers from Tenant’s general contractor and all subcontractors and material suppliers, showing that full payment has been received for the construction of all aspects of Tenant’s Work; (ii) certification from Tenant’s architect that to the best of its knowledge all of Tenant’s Work has been completed substantially in accordance with the plans and specifications therefor approved by Landlord and all local governmental and quasi-governmental authorities with jurisdiction; and (iii) a copy of the building permit or job card for Tenant’s Work, showing that Xxxxxx’s Work has been finally approved by the appropriate building inspector, plus any other evidence reasonably required by Landlord indicating that all legal requirements for Tenant’s occupancy of the Premises have been satisfied. Landlord shall pay any properly payable withheld portion of the Construction Allowance and the Tenant Deposit to Tenant within thirty (30) days after Work completed from the date of Landlord’s receipt of Tenant’s Completion Notice the immediately preceding Draw (including all or in the case of the material specified abovefirst Draw, since the commencement of the Work) until the date of the Draw in question (as evidenced by an architect's certificate as described below)., and the denominator of which is the Total Construction Costs, provided, that;

Payment of Construction Costs. In (a) Tenant shall cause the manner provided Contractor to construct the Leasehold Improvements in this Section 1.2a good and workmanlike manner, Landlord shall pay to Tenant a “Construction Allowance” equal to in accordance with the sum of: (i) Fifty Thousand DollarsWorking Drawings and in compliance with all applicable laws, plus (ii) Thirty-Seven codes, rules and 50/100s Dollars ($37.50) multiplied by regulations. Without limiting the Rentable Area generality of the Premises (excluding foregoing, Tenant shall, at its sole expense, obtain all building permits, certificates of occupancy and all other approvals, permits, certificates and other authorizations in connection with the Storage Space)construction of Leasehold Improvements and the occupancy of the Premises. Tenant shall promptly pay the Contractor, in accordance with the Contract, for all work performed pursuant thereto and shall cause the Contractor to pay all its subcontractors, materialmen, suppliers, and laborers in a timely manner so that no mechanic's, materialmen's or other lien shall ever attach to the Project or any portion thereof or any interest therein. Landlord shall at all times have the right to exercise any enter on the Leased Premises and inspect the progress of its remedies at law if Xxxxxxxx fails the Work and to disburse supervise and coordinate such construction activities, for the Construction Allowance purposes and prosecution of Landlord's Work, and so as to Tenant in accordance determine whether the Leasehold Improvements are compatible with existing electrical, mechanical, HVAC and other Building central and branch systems and the Landlord's quality standards. Each party agrees to reasonably cooperate with the provisions of this Lease. Tenant shall not be entitled to a credit for any unused portion other party in connection with the prosecution of the Construction Allowance in work performed by both parties and to not unreasonably interfere with the form of rent abatement or otherwiseother party's work. Before commencement of any portion of Tenant’s Work, Tenant shall pay to Landlord or Landlord’s lender an amount reasonably determined by Landlord to be the costs of constructing and purchasing all elements of the Tenant’s Work, minus the amount of the Construction Allowance (the “Tenant Deposit”). If permitted by Xxxxxxxx’s lender, the Tenant’s Deposit shall be deposited in a non-interest bearing account. Monthly during the construction of the Tenant’s Work, Landlord shall disburse to Tenant, or at Landlord’s option directly to Tenant’s contractors or materialmen, a portion of Tenant the then-available Construction Allowance and a portion in periodic draws (collectively, the "Draws"), each such Draw to be in an amount equal to (the product of the Tenant Deposit (in the ratios which the Construction Allowance and the Tenant Deposit bear to each other) to pay 90% of all hard and soft costs of construction incurred during such month in connection with the Tenant’s Work. Landlord obligation to make such disbursement shall be subject to Landlord’s receipt of the following: (i) copies of paid invoices and conditional lien waivers in connection with all such workthe total Construction Allowance, multiplied by (ii) a certification by Xxxxxx’s architect that all such work has been performed in accordance with plans and specifications approved by Landlordfraction, and (iii) such other information that may be reasonably requested by Landlord or Landlord’s lender. Upon substantial completion the numerator of Tenant’s Work, Tenant shall submit to Landlord a written notice indicating that Xxxxxx has completed Tenant’s Work, which notice shall be accompanied by all is the value of the following (collectively, “Tenant’s Completion Notice”): (i) copies of paid invoices and unconditional lien waivers from Tenant’s general contractor and all subcontractors and material suppliers, showing that full payment has been received for the construction of all aspects of Tenant’s Work; (ii) certification from Tenant’s architect that to the best of its knowledge all of Tenant’s Work has been completed substantially in accordance with the plans and specifications therefor approved by Landlord and all local governmental and quasi-governmental authorities with jurisdiction; and (iii) a copy of the building permit or job card for Tenant’s Work, showing that Xxxxxx’s Work has been finally approved by the appropriate building inspector, plus any other evidence reasonably required by Landlord indicating that all legal requirements for Tenant’s occupancy of the Premises have been satisfied. Landlord shall pay any properly payable withheld portion of the Construction Allowance and the Tenant Deposit to Tenant within thirty (30) days after Work completed from the date of Landlord’s receipt of Tenant’s Completion Notice the immediately preceding Draw (including all or in the case of the material specified abovefirst Draw, since the commencement of the Work) until the date of the Draw in question (as evidenced by an architect's certificate as described below)., and the denominator of which is the Total Construction Costs, provided that:

Payment of Construction Costs. In the manner provided in this Section 1.2, Landlord shall pay to Tenant a an “Construction Allowance” in an amount not to exceed an amount equal to the sum of: (i) Fifty Thousand Dollars, plus (ii) Thirty-Seven Two and 50/100s 00/100 Dollars ($37.502.00) multiplied by the Rentable Area of the Premises (excluding namely, Forty Seven Thousand Three Hundred Twenty and 00/100 Dollars ($47,320.00)) for the Storage Space). Tenant shall have the right to exercise any construction of its remedies at law if Xxxxxxxx fails to disburse the Construction Allowance to Tenant in accordance with the provisions of this LeaseTenant’s Work. Tenant shall not be entitled to a credit for any unused portion of the Construction Allowance in the form of rent abatement or otherwise. Before commencement of any portion of Tenant’s Work, Tenant shall pay to Landlord or Landlord’s lender an amount reasonably determined by Landlord to be the costs of constructing and purchasing all elements of the Tenant’s Work, minus the amount of the Construction Allowance (the “Tenant Deposit”). If permitted by Xxxxxxxx’s lender, the Tenant’s Deposit shall be deposited in a non-interest bearing account. Monthly during the construction of the Tenant’s Work, Landlord shall disburse to Tenant, or at Landlord’s option directly to Tenant’s contractors or materialmen, a portion of the Construction Allowance and a portion of the Tenant Deposit (in the ratios which the Construction Allowance and the Tenant Deposit bear to each other) to pay 90% of all hard and soft costs of construction incurred during such month in connection with the Tenant’s Work. Landlord obligation to make such disbursement disburse the Allowance shall be subject to Landlord’s receipt of the following: (i) copies of paid invoices and conditional lien waivers in connection with all such work, (ii) a certification by Xxxxxx’s architect that all such work has been performed in accordance with plans and specifications approved by Landlord, and (iii) such other information that may be reasonably requested by Landlord or Landlord’s lender. Upon substantial completion of Tenant’s Work, Tenant shall submit to Landlord a written notice from Tenant indicating that Xxxxxx Tenant has completed Tenant’s Work, which notice shall be accompanied by all of the following (collectively, “Tenant’s Completion Notice”): (i) copies of paid invoices and unconditional lien waivers from Tenant’s general contractor and all subcontractors and material suppliers, showing that full payment has been received for the construction of all aspects of Tenant’s Work; (ii) certification from Tenant’s architect that to the best of its knowledge all of Tenant’s Work has been completed substantially in accordance with the plans and specifications therefor approved by Landlord and all local governmental and quasi-governmental authorities with jurisdiction; and (iii) a copy of the building permit or job card for Tenant’s Work, showing that XxxxxxTenant’s Work has been finally approved by the appropriate building inspector, plus any other evidence reasonably required by Landlord indicating that all legal requirements for Tenant’s occupancy of the Premises have been satisfied. Landlord shall pay any properly payable withheld portion of the Construction Allowance and the Tenant Deposit in full to Tenant within thirty (30) days after the date of Landlord’s receipt of Tenant’s Completion Notice (including all of the material specified above).

Payment of Construction Costs. In Pursuant to the manner provided Contract, Contractor shall bill Landlord and Tenant directly for progress payments pro rata in this Section 1.2, Landlord xxxxrdance with their respective shares of the costs payable pursuant to the Contract. Landlord's share of such costs ("Landlord's Share") shall pay to Tenant a “Construction Allowance” be equal to the sum of: of the Attributed Tenant Allowance plus the Contingency Allowance, minus any sums paid or payable by Landlord to Tenant's Architect pursuant to paragraph 2 and minus any other sums expended by Landlord at the request of Tenant for Additional Tenant Improvement Costs. Tenant shall pay all sums payable under the Contract in excess of Landlord's Share. Landlord shall direct Fremont to disburse Landlord's pro rata share of progress payments directly to Contractor upon receipt of (i) Fifty Thousand Dollars, plus (ii) Thirty-Seven and 50/100s Dollars ($37.50) multiplied by the Rentable Area of the Premises (excluding the Storage Space). Tenant shall have the right Tenant's authorization to exercise any of its remedies at law if Xxxxxxxx fails to disburse the Construction Allowance to Tenant in accordance with the provisions of this Lease. Tenant shall not be entitled to a credit for any unused portion of the Construction Allowance in the form of rent abatement or otherwise. Before commencement of any portion of Tenant’s Work, Tenant shall pay to Landlord or Landlord’s lender an amount reasonably determined by Landlord to be the costs of constructing and purchasing all elements of the Tenant’s Work, minus the amount of the Construction Allowance (the “Tenant Deposit”). If permitted by Xxxxxxxx’s lender, the Tenant’s Deposit shall be deposited in a non-interest bearing account. Monthly during the construction of the Tenant’s Work, Landlord shall disburse to Tenant, or at Landlord’s option directly to Tenant’s contractors or materialmen, a portion of the Construction Allowance and a portion of the Tenant Deposit (in the ratios which the Construction Allowance and the Tenant Deposit bear to each other) to pay 90% of all hard and soft costs of construction incurred during such month in connection with the Tenant’s Work. Landlord obligation to make such disbursement shall be subject to Landlord’s receipt of the following: (i) copies of paid invoices and conditional lien waivers in connection with all such workpay, (ii) a certification by Xxxxxx’s architect that all such work has been performed in accordance with plans AIA document G702, Application and specifications approved by LandlordCertification for Payment, and (iii) such invoices or other information that may be supporting documentation reasonably requested by Landlord or Landlord’s lenderFremont and (iv) a conditional lien waiver signed by Contractor or subcontractor as to the current payment. Upon substantial completion of Tenant’s Work, Tenant shall submit to Landlord a written notice indicating that Xxxxxx has completed Tenant’s Work, which notice shall be accompanied by all entitled to suspend or terminate construction of the following (collectively, “Tenant’s Completion Notice”): (i) copies of paid invoices Additional Tenant Improvements within the Identified Premises and unconditional lien waivers from Tenant’s general contractor and all subcontractors and material suppliers, showing that full payment has been received for the construction of all aspects of Tenant’s Work; (ii) certification from Tenant’s architect that to the best of its knowledge all of Tenant’s Work has been completed substantially declare Tenant in default in accordance with the plans and specifications therefor approved by Landlord and all local governmental and quasi-governmental authorities with jurisdiction; and (iii) a copy terms of the building permit Lease, if payment by Tenant of Tenant's pro rata share of any progress payment has not been received by Contractor when due, as required hereunder. Moreover, Landlord shall not be required to pay or job card cause Fremont to disburse its pro rata share of any progress payment until such time as Landlord receives from Contractor an unconditional lien waiver as to each progress payment that has previously been made and a conditional lien waiver for Tenant’s Work, showing that Xxxxxx’s Work has been finally approved by the appropriate building inspector, plus any other evidence reasonably required by Landlord indicating that all legal requirements for Tenant’s occupancy current progress payment. All lien waivers shall comply with California law regarding materialmen and mechanic's liens. If the Additional Tenant Improvements Cost is less than the sum of the Premises have been satisfied. Landlord shall pay any properly payable withheld portion of the Construction Attributed Tenant's Allowance and the Contingency Allowance, such excess shall be returned to Landlord and HMS pursuant to the Escrow Agreement and Tenant Deposit shall have no rights to Tenant within thirty (30) days after the date of Landlord’s receipt of Tenant’s Completion Notice (including all of the material specified above)such excess.