Common use of Payment of Contractor Clause in Contracts

Payment of Contractor. Once Landlord and Tenant have agreed upon the Approved Bid, and a contract for the construction of the Tenant Improvements has been entered into with the Contractor, Landlord shall be responsible for making monthly progress payments to Contractor in accordance with the construction contract, subject to reimbursement by Tenant pursuant to the following procedure. Once the Approved Bid has been agreed upon, if the total Approved Bid is in excess of the Base Tenant Improvement Allowance, Tenant shall reimburse Landlord each month, within twenty (20) days of receipt of bills or invoices representing the current months’ payment obligation to the Contractor (the “Monthly Payment”), for that portion of the Monthly Payment determined by taking a fraction, the numerator of which is the difference between the Bid Price and the Base Tenant Improvement Allowance, and the denominator of which is the Approved Bid, and multiplying the Monthly Payment by such fraction. Landlord shall have no obligation to pay Contractor unless and until Landlord shall have received such sum from Tenant. Any delays in construction of the Tenant Improvements caused as a result of Tenant’s failure to timely Landlord as provided herein, shall be deemed to be a Tenant Delay for which Tenant shall be solely responsible. /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials

Payment of Contractor. Once Landlord Tenant and Contractor have mutually executed the Construction Contract, Tenant have agreed upon the Approved Bid, and a contract for the construction of the Tenant Improvements has been entered into with the Contractor, Landlord shall be responsible for making monthly progress payments to Contractor in accordance with the construction contractConstruction Contract, subject to reimbursement by Tenant Landlord pursuant to the following procedure. Once the Approved Bid has been agreed upon, if the total Approved Bid is in excess of the Base Tenant Improvement Allowance, Tenant Landlord shall reimburse Landlord Tenant each month, within twenty (20) days of receipt of bills or invoices from Tenant representing the current months’ ' payment obligation to the Contractor (the “"Monthly Payment”"), for that portion of the Monthly Payment determined by taking a fraction, the numerator of which is the difference between the Bid Price and the Base Tenant Improvement Landlord's Allowance, and the denominator of which is the Approved Bid, and multiplying the Monthly Payment by such fraction. Landlord shall have no obligation to pay Contractor unless and until Landlord shall have received such sum from Tenant. Any delays in construction of the Tenant Improvements caused as a result of Tenant’s failure to timely Landlord as provided herein, shall be deemed to be a Tenant Delay for which Tenant shall be solely responsibleresponsible for paying the balance of any Monthly Payment as Additional Costs. /s/ SS /s/ EF If the total Approved Bid is in equal to or less than the sum of the Landlord’s Initials 's Allowance, Landlord shall reimburse Tenant each month, within twenty (20) days of receipt of bills or invoices from Tenant representing the current Monthly Payment, for the entire Monthly Payment. It shall be a condition precedent to Landlord's obligation to reimburse Tenant for any Monthly Payment that Tenant shall have provided Landlord with unconditional lien releases and waivers from the Contractor, any subcontractors and/or any material suppliers providing goods or services for the Tenant Improvements, in the form required by California law, whereby such Contractor, any subcontractors and/or any material suppliers unconditionally waive any mechanics' or other statutory lien rights with respect to the current and/or any prior Monthly Payment made or to be made by Landlord to Tenant’s Initials.

Payment of Contractor. Once Landlord Tenant and Contractor have mutually executed the Construction Contract, Tenant have agreed upon the Approved Bid, and a contract for the construction of the Tenant Improvements has been entered into with the Contractor, Landlord shall be responsible for making monthly progress payments to Contractor in accordance with the construction contractConstruction Contract, subject to reimbursement by Tenant Landlord pursuant to the following procedure. Once the Approved Bid has been agreed upon, if the total Approved Bid is in excess of the Base Tenant Improvement Allowance, Tenant Landlord shall reimburse Landlord Tenant each month, within twenty (20) days of receipt of bills or invoices from Tenant representing the current months’ payment obligation to the Contractor (the “Monthly Payment”), for that portion of the Monthly Payment determined by taking a fraction, the numerator of which is the difference between the Bid Price and the Base Tenant Improvement Landlord’s Allowance, and the denominator of which is the Approved Bid, and multiplying the Monthly Payment by such fraction. Landlord shall have no obligation to pay Contractor unless and until Landlord shall have received such sum from Tenant. Any delays in construction of the Tenant Improvements caused as a result of Tenant’s failure to timely Landlord as provided herein, shall be deemed to be a Tenant Delay for which Tenant shall be solely responsibleresponsible for paying the balance of any Monthly Payment as Additional Costs. If the total Approved Bid is in equal to or less than the sum of the Landlord’s Allowance, Landlord shall reimburse Tenant each month, within twenty (20) days of receipt of bills or invoices from Tenant representing the current Monthly Payment, for the entire Monthly Payment. It shall be a condition precedent to Landlord’s obligation to reimburse Tenant for any Monthly Payment that Tenant shall have provided Landlord with unconditional lien releases and waivers from the Contractor, any subcontractors and/or any material suppliers providing goods or services for the Tenant Improvements, in the form required by California law, whereby such Contractor, any subcontractors and/or any material suppliers unconditionally waive any mechanics’ or other statutory lien rights with respect to the current and/or any prior Monthly Payment made or to be made by Landlord to Tenant. /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials

Payment of Contractor. In the alternative, in Landlord’s sole and absolute discretion, Landlord may elect to allow Tenant to pay its share of the Final Bid price pursuant to the following procedure. Once Landlord and Tenant have agreed upon the Approved Bid, Final Bid and a contract for the construction of the Tenant Improvements Final Bid price has been entered into with the Contractorcontractor, Landlord shall be responsible for making monthly progress payments to Contractor the contractor in accordance with the construction contract, subject to reimbursement by Tenant pursuant to the following procedure. Once the Approved Bid has been agreed upon, if the total Approved Bid is in excess of the Base Tenant Improvement Allowance, Tenant shall reimburse Landlord each month, within twenty (20) days of receipt of bills or invoices representing the current months’ payment obligation to the Contractor contractor (the “Monthly Payment”), for that portion of the Monthly Payment determined by taking a fraction, the numerator of which is the difference between the Final Bid Price and the Base Tenant Leasehold Improvement Allowance, and the denominator of which is the Approved Final Bid, and multiplying the Monthly Payment by such fraction. Landlord shall have no obligation to pay Contractor the contractor unless and until Landlord shall have received such sum from Tenant. Any delays in construction of the Tenant Improvements caused as a result of Tenant’s failure to timely reimburse Landlord as provided herein, shall be deemed to be a Tenant Delay for which Tenant shall be solely responsible. /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials.

Payment of Contractor. Once Landlord Tenant and Contractor have mutually executed the Construction Contract, Tenant have agreed upon the Approved Bid, and a contract for the construction of the Tenant Improvements has been entered into with the Contractor, Landlord shall be responsible for making monthly progress payments to Contractor in accordance with the construction contractConstruction Contract, subject to reimbursement by Tenant Landlord pursuant to the following procedure. Once the Approved Bid has been agreed upon, if the total Approved Bid is in excess of the Base Tenant Improvement Allowance, Tenant Landlord shall reimburse Landlord Tenant each month, within twenty (20) days of receipt of bills or invoices from Tenant representing the current months’ ' payment obligation to the Contractor (the “"Monthly Payment”"), for that portion of the Monthly Payment determined by taking a fraction, the numerator of which is the difference between the Bid Price and the Base Tenant Improvement Landlord's Allowance, and the denominator of which is the Approved Bid, and multiplying the Monthly Payment by such fraction. Landlord shall have no obligation to pay Contractor unless and until Landlord shall have received such sum from Tenant. Any delays in construction of the Tenant Improvements caused as a result of Tenant’s failure to timely Landlord as provided herein, shall be deemed to be a Tenant Delay for which Tenant shall be solely responsibleresponsible for paying the balance of any Monthly Payment as Additional Costs. If the total Approved Bid is in equal to or less than the sum of the Landlord's Allowance, Landlord shall reimburse Tenant each month, within twenty (20) days of receipt of bills or invoices from Tenant representing the current Monthly Payment, for the entire Monthly Payment. It shall be a condition precedent to Landlord's obligation to reimburse Tenant for any Monthly Payment that Tenant shall have provided Landlord with unconditional lien releases and waivers from the Contractor, any subcontractors and/or any material suppliers providing goods or services for the Tenant Improvements, in the form required by California law, whereby such Contractor, any subcontractors and/or any material suppliers unconditionally waive any mechanics' or other statutory lien rights with respect to the current and/or any prior Monthly Payment made or to be made by Landlord to Tenant. /s/ SS /s/ EF ----------------------- ---------------------- Landlord’s 's Initials Tenant’s 's Initials