Common use of PAYMENT OF INITIAL PORTION OF OVER Clause in Contracts

PAYMENT OF INITIAL PORTION OF OVER. ALLOWANCE AMOUNT. Except as provided in Section 4.3.1.2 below, the procedure described in this Section 4.3.1.1 shall apply to Tenant's payment of the Over-Allowance Amount. Tenant shall pay ninety percent (90%) of the EXHIBIT B -10- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Over-Allowance Amount and Landlord shall pay ninety percent (90%) of the Tenant Improvement Allowance, in monthly progress payments corresponding to the progress of the Tenant Improvement Work and Tenant and Landlord shall each retain ten percent (10%) thereof to be paid as part of the final retention, in accordance with the construction contract, upon completion of such work. During the course of construction of the Tenant Improvements, Contractor shall deliver to Landlord and Tenant not more than once for each calendar month a written request for payment ("PROGRESS PAYMENT REQUEST") which shall be accompanied by (i) Contractor's certification of the payment amount requested and the percentage of completion of each item of work for which payment is sought and (ii) copies of conditional lien releases (for upcoming payments) and unconditional lien releases (for the previous month's payments) from all subcontractors and vendors. Through this monthly process, Tenant shall pay to Landlord ninety percent (90%) of the completed percentage of the Over-Allowance Amount, if any, and Landlord shall pay to Contractor ninety percent (90%) of the Tenant Improvement Allowance due pursuant to the Progress Payment Request, each month within thirty (30) days after Tenant's and Landlord's receipt of the above items and approval of the same (which approval shall not be unreasonably withheld, conditioned or delayed and shall be granted or denied (with detailed reasons for such denial) within five (5) days after Tenant's receipt of a Progress Payment Request). Failure to grant or deny any such approval within said five (5) day period shall be deemed to constitute Tenant's approval thereof. The Over-Allowance Amount shall be proportionately paid by Landlord prorata with the Tenant Improvement Allowance, and such disbursement by Landlord of the Over- Allowance Amount shall be pursuant to the same procedure as Landlord's disbursement of the Tenant Improvement Allowance.

PAYMENT OF INITIAL PORTION OF OVER. ALLOWANCE AMOUNT. Except as provided in Section 4.3.1.2 below, the procedure described in this Section 4.3.1.1 shall apply to Tenant's payment of the Over-Allowance Amount. Tenant shall pay ninety percent (90%) of the EXHIBIT B -10- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Over-Allowance Amount and Landlord shall pay ninety percent (90%) of the Tenant Improvement Allowance, in monthly progress payments corresponding to the progress of the Tenant Improvement Work and Tenant and Landlord shall each retain ten percent (10%) thereof to be paid as part of the final retention, in accordance with the construction contract, upon completion of such work. During the course of construction of the Tenant Improvements, Contractor shall deliver to Landlord and Tenant not more than once for each calendar month a written request for payment ("PROGRESS PAYMENT REQUEST") which shall be accompanied by (i) Contractor's certification of the payment amount requested and the percentage of completion of each item of work for which payment is sought and (ii) copies of conditional lien releases (for upcoming payments) and unconditional lien releases (for the previous month's payments) from all subcontractors and vendors. Through this monthly process, Tenant shall pay to Landlord ninety percent (90%) of the completed percentage of the Over-Allowance Amount, if any, and Landlord shall pay to Contractor ninety percent (90%) of the Tenant Improvement Allowance due pursuant to the Progress Payment Request, each month within thirty (30) days after Tenant's and Landlord's receipt of the above items and approval of the same (which approval shall not be unreasonably withheld, conditioned or delayed and shall be granted or denied (with detailed reasons for such denial) within five (5) days after Tenant's receipt of a Progress Payment Request). Failure to grant or deny any such approval within said five (5) day period shall be deemed to constitute Tenant's approval thereof. The Over-Allowance Amount shall be proportionately paid by Landlord prorata with the Tenant Improvement Allowance, and such disbursement by Landlord of the Over- Allowance Amount shall be pursuant to the same procedure as Landlord's disbursement of the Tenant Improvement Allowance.

PAYMENT OF INITIAL PORTION OF OVER. ALLOWANCE AMOUNT. Except as provided in Section 4.3.1.2 below, the procedure described in this Section 4.3.1.1 shall apply to Tenant's payment of the Over-Allowance Amount. Tenant shall pay ninety percent (90%) of the EXHIBIT B -10- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Over-Allowance Amount and Landlord shall pay ninety percent (90%) of the Tenant Improvement Allowance, in monthly progress payments corresponding to the progress of the Tenant Improvement Work and Tenant and Landlord shall each retain ten percent (10%) thereof to be paid as part of the final retention, in accordance with the construction contract, upon completion of such work. During the course of construction of the Tenant Improvements, Contractor shall deliver to Landlord and Tenant not more than once for each calendar month a EXHIBIT B -10- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] written request for payment ("PROGRESS PAYMENT REQUEST") which shall be accompanied by (i) Contractor's certification of the payment amount requested and the percentage of completion of each item of work for which payment is sought and (ii) copies of conditional lien releases (for upcoming payments) and unconditional lien releases (for the previous month's payments) from all subcontractors and vendors. Through this monthly process, Tenant shall pay to Landlord ninety percent (90%) of the completed percentage of the Over-Allowance Amount, if any, and Landlord shall pay to Contractor ninety percent (90%) of the Tenant Improvement Allowance due pursuant to the Progress Payment Request, each month within thirty (30) days after Tenant's and Landlord's receipt of the above items and approval of the same (which approval shall not be unreasonably withheld, conditioned or delayed and shall be granted or denied (with detailed reasons for such denial) within five (5) days after Tenant's receipt of a Progress Payment Request). Failure to grant or deny any such approval within said five (5) day period shall be deemed to constitute Tenant's approval thereof. The Over-Allowance Amount shall be proportionately paid by Landlord prorata with the Tenant Improvement Allowance, and such disbursement by Landlord of the Over- Allowance Amount shall be pursuant to the same procedure as Landlord's disbursement of the Tenant Improvement Allowance.