Common use of Sublease Prepayments Clause in Contracts

Sublease Prepayments. At any time during the term of this Sublease, the District may, upon the request of the Lessor or on upon its own initiative, make Sublease Prepayments to the Lessor. No Sublease Prepayments requested by the Lessor may be made by the District in an amount which exceeds the aggregate true cost to the Lessor of the work on the Project completed to the date the Lessor submits the request for a Sublease Prepayment less the aggregate amount of: (1) all Sublease Payments previously made by the District to the Lessor; (2) all Sublease Prepayments previously made by the District to the Lessor; (3) all amounts previously retained pursuant to Section 26(A)(3), below, from Sublease Prepayments previously made by the District to the Lessor (unless the Lessor shall have previously substituted securities for such retained amounts pursuant to Section 26(A)(3)); and (4) the retention for such Sublease Prepayment pursuant to Section 26(A)(3). Lessor must submit evidence that the conditions precedent set forth in Section 26(A)(1), below, have been met. In the event District elects to make Sublease Prepayments, the Prepayment Price, contemplated in Section 26(B), below, shall be adjusted accordingly. (1) The following are conditions precedent to any Sublease Prepayments made to the Lessor pursuant to a request of the Lessor: a. Satisfactory progress of the Construction pursuant to the time schedule required pursuant to Section 10(E) of the Construction Services Agreement (the "Time Schedule") shall have been made as determined in Section 26 (A)(2), below. x. Xxxxxx shall also submit to the District (i) duly executed conditional lien releases and waivers (in the form provided in California Civil Code Section 8132 from the Lessor and all Subcontractors, consultants and other persons retained by the Lessor in connection with the Project, whereby such persons conditionally waive all lien and stop notice rights against the District, the Project and the Project site with respect to the pending Sublease Prepayment to be made by the District, (ii) duly executed unconditional lien releases and waivers (in the form provided in California Civil Code Section 8132) from the Lessor and all subcontractors, consultants and other persons retained by the Lessor in connection with the Project, whereby such persons unconditionally and irrevocably waive all lien and stop notice rights against the District, the Project and the Project site with respect to all previous Sublease Prepayments made by the District, and (iii) any other items that the Lessor may be required to collect and distribute to the District pursuant to the terms and provisions of the Construction Services Agreement. Lessor shall promptly pay all amounts due to each subcontractor, consultant and other person retained by Xxxxxx in connection with the Project no later than ten (10) days after Xxxxxx's receipt of a Sublease Prepayment from the District. (2) The determination of whether satisfactory progress of the Construction pursuant to the Time Schedule has occurred shall be made by the inspector hired by the District pursuant to Section 26 of the Construction Services Agreement. If the District's inspector determines that pursuant to the Time Schedule, the work required to be performed, as stated in the Lessor's Sublease Prepayment request has not been substantially completed, the Lessor shall not be eligible to receive the requested Sublease Prepayment. (3) The District shall retain an amount equal to five percent (5%) of each Sublease Prepayment ("Retention") made at Lessor's request. Lessor shall have the right, as delineated in Section 37 of the Construction Services Agreement, to substitute securities for any retention withheld by the District, pursuant to the provisions of Public Contract Code section 22300. At any time after fifty percent of the work has been completed, if the Governing Board of the District finds that satisfactory progress is being made, it may make any of the remaining Sublease Prepayments in full.

Sublease Prepayments. At any time during the term of this Sublease, the District may, upon the request of the Lessor or on upon its own initiative, make Sublease Prepayments to the Lessor. No Sublease Prepayments requested by the Lessor may be made by the District in an amount which exceeds the aggregate true cost to the Lessor of the work on the Project completed to the date the Lessor submits the request for a Sublease Prepayment less the aggregate amount of: (1) all Sublease Payments previously made by the District to the Lessor; (2) all Sublease Prepayments previously made by the District to the Lessor; (3) all amounts previously retained pursuant to Section 26(A)(3), below, from Sublease Prepayments previously made by the District to the Lessor (unless the Lessor shall have previously substituted securities for such retained amounts pursuant to Section 26(A)(3)); and (4) the retention for such Sublease Prepayment pursuant to Section 26(A)(3). Lessor must submit evidence that the conditions precedent set forth in Section 26(A)(1), below, have been met. In the event District elects to make Sublease Prepayments, the Prepayment Price, contemplated in Section 26(B), below, shall be adjusted accordingly. (1) The following are conditions precedent to any Sublease Prepayments made to the Lessor pursuant to a request of the Lessor: a. Satisfactory progress of the Construction pursuant to the time schedule required pursuant to Section 10(E) of the Construction Services Agreement (the "Time Schedule") shall have been made as determined in Section 26 (A)(2), below. x. Xxxxxx shall also submit to the District (i) duly executed conditional lien releases and waivers (in the form provided in California Civil Code Section 8132 from the Lessor and all Subcontractors, consultants and other persons retained by the Lessor in connection with the Project, whereby such persons conditionally waive all lien and stop notice rights against the District, the Project and the Project site with respect to the pending Sublease Prepayment to be made by the District, (ii) duly executed unconditional lien releases and waivers (in the form provided in California Civil Code Section 8132) from the Lessor and all subcontractors, consultants and other persons retained by the Lessor in connection with the Project, whereby such persons unconditionally and irrevocably waive all lien and stop notice rights against the District, the Project and the Project site with respect to all previous Sublease Prepayments made by the District, and (iii) any other items that the Lessor may be required to collect and distribute to the District pursuant to the terms and provisions of the Construction Services Agreement. Lessor shall promptly pay all amounts due to each subcontractor, consultant and other person retained by Xxxxxx Lessor in connection with the Project no later than ten (10) days after XxxxxxLessor's receipt of a Sublease Prepayment from the District. (2) The determination of whether satisfactory progress of the Construction pursuant to the Time Schedule has occurred shall be made by the inspector hired by the District pursuant to Section 26 of the Construction Services Agreement. If the District's inspector determines that pursuant to the Time Schedule, the work required to be performed, as stated in the Lessor's Sublease Prepayment request has not been substantially completed, the Lessor shall not be eligible to receive the requested Sublease Prepayment. (3) The District shall retain an amount equal to five percent (5%) of each Sublease Prepayment ("Retention") made at Lessor's request. Lessor shall have the right, as delineated in Section 37 of the Construction Services Agreement, to substitute securities for any retention withheld by the District, pursuant to the provisions of Public Contract Code section 22300. At any time after fifty percent of the work has been completed, if the Governing Board of the District finds that satisfactory progress is being made, it may make any of the remaining Sublease Prepayments in full.

Sublease Prepayments. At any time during the term of this Sublease, the District may, upon the request of the Lessor or on upon its own initiative, Owner may make Sublease Prepayments to the LessorContractor of the Sublease Payments including the Financial Sublease Payments (“Sublease Prepayments”). No Sublease Prepayments requested by the Lessor Contractor may be made by the District Owner in an amount which exceeds the aggregate true cost to the Lessor Contractor of the work on the Project completed to the date the Lessor Contractor submits the request for a Sublease Prepayment less the aggregate amount of: (1) all Sublease Payments previously made by the District Owner to the LessorContractor; (2) all Sublease Prepayments previously made by the District Owner to the LessorContractor; (3) all amounts previously retained pursuant to Section 26(A)(322(a)(3), below, from Sublease Prepayments previously made by the District Owner to the Lessor Contractor (unless the Lessor Contractor shall have previously substituted securities for such retained amounts pursuant to Section 26(A)(322(a)(3)); and (45) the retention for such Sublease Prepayment pursuant to Section 26(A)(3)22(a)(3) hereof. Lessor Contractor must submit evidence that the conditions precedent set forth in Section 26(A)(122(a) (1), below, have been met. In the event District Owner elects to make Sublease Prepayments, the Prepayment Price, contemplated in Section 26(B22(b), below, shall be adjusted accordingly. (1) The following are conditions precedent to any Sublease Prepayments made to the Lessor Contractor pursuant to a request of the LessorContractor: a. (a) Satisfactory progress of the Construction construction of the Project pursuant to the time schedule required pursuant to Section 10(E) of the Construction Services Agreement (the "Time Schedule") General Conditions shall have been made as determined in Section 26 (A)(2), belowaccordance therewith. x. Xxxxxx (b) Contractor shall also submit to the District Owner (i) duly executed conditional lien releases and waivers (in the form provided in California Civil Code Section 8132 3262) from the Lessor Contractor and all Subcontractors, consultants and other persons retained by the Lessor Contractor in connection with the Project, whereby such persons conditionally waive all lien and stop notice rights against the DistrictOwner, the Project and the Project site with respect to the pending Sublease Prepayment to be made by the DistrictOwner, (ii) duly executed unconditional lien releases and waivers (in the form provided in California Civil Code Section 81323262) from the Lessor Contractor and all subcontractors, consultants and other persons retained by the Lessor Contractor in connection with the Project, whereby such persons unconditionally and irrevocably waive all lien and stop notice rights against the DistrictOwner, the Project and the Project site with respect to all previous Sublease Prepayments made by the DistrictOwner, and (iii) any other items that the Lessor Contractor may be required to collect and distribute to the District Owner pursuant to the terms and provisions of the Construction Services AgreementContract. Lessor Contractor shall promptly pay all amounts due to each subcontractor, consultant and other person retained by Xxxxxx Contractor in connection with the Project no later than ten (10) 10 days after Xxxxxx's Contractor’s receipt of a Sublease Prepayment from the DistrictOwner. (2) The determination of whether satisfactory progress of the Construction construction pursuant to the Time Schedule has occurred shall be made by the inspector hired by Owner in accordance with the District pursuant to Section 26 of the Construction Services AgreementGeneral Conditions. If the District's inspector Owner determines that pursuant to the Time Schedule, Schedule the work required to be performed, as stated in the Lessor's Contractor’s Sublease Prepayment request request, has not been substantially completed, the Lessor then Contractor shall not be eligible to receive the requested Sublease Prepayment. (3) The District Owner shall retain an amount equal to five percent (5%) % of each Sublease Prepayment ("Retention"“retention”) made at Lessor's Contractor’s request. Lessor Contractor shall have the right, as delineated in Section 37 of the Construction Services AgreementGeneral Conditions, to substitute securities for any retention withheld by the DistrictOwner, pursuant to the provisions of Public Contract Code section Section 22300. At any time after fifty percent 50% of the work has been completed, if the Governing Board of the District Owner finds that satisfactory progress is being made, then it may make any of the remaining Sublease Prepayments in full. (a) If the Owner is not in default hereunder, the Owner shall be granted options to purchase not less than the entire Project in as-is condition. The Prepayment Price at any given time shall be an amount equal to the final GPC, as it may be revised from time to time, less the sum of any Sublease Payments and/or Sublease Prepayments made by the Owner prior to the date on which the Owner elects to exercise its option under this Section. The Owner may thereupon terminate this Sublease. Following the purchase option date, Owner shall retain all rights to any claim or warranty arising under the Contract.

Sublease Prepayments. At any time during the term of this Sublease, the District may, upon the request of the Lessor or on upon its own initiative, make Sublease Prepayments to the Lessor. No Sublease Prepayments requested by the Lessor may be made by the District in an amount which exceeds not to exceed the aggregate true cost to the Lessor of the work on the Project completed to the date the Lessor submits the request for a Sublease Prepayment less the aggregate amount of: (1) all Sublease Payments previously made by the District to the Lessor; (2) all Sublease Prepayments previously made by the District to the Lessor; (3) all amounts previously retained pursuant to Section 26(A)(3), below, from Sublease Prepayments previously made by the District to the Lessor (unless the Lessor shall have previously substituted securities for such retained amounts pursuant to Section 26(A)(3)); and (4) the retention Retention for such Sublease Prepayment pursuant to Section 26(A)(3). Lessor must submit evidence that the conditions precedent set forth in Section 26(A)(1), below, have been met. In the event District elects to make Sublease Prepayments, the Prepayment Price, contemplated in Section 26(B), below, shall be adjusted accordingly. (1) The following are conditions precedent to any Sublease Prepayments made to the Lessor pursuant to a request of the Lessor: a. Satisfactory progress of the Construction pursuant to the time schedule required pursuant to Section 10(E) of the Construction Services Agreement (the "Time Schedule") shall have been made as determined in Section 26 (A)(2), below. x. Xxxxxx shall also submit to the District (i) duly executed conditional lien releases and waivers (in the form provided in California Civil Code Section 8132 3262) from the Lessor and all Subcontractors, consultants and other persons retained by the Lessor in connection with the Project, whereby such persons conditionally waive all lien and stop notice rights against the District, the Project and the Project site with respect to the pending Sublease Prepayment to be made by the District, (ii) duly executed unconditional lien releases and waivers (in the form provided in California Civil Code Section 81323262) from the Lessor and all subcontractors, consultants and other persons retained by the Lessor in connection with the Project, whereby such persons unconditionally and irrevocably waive all lien and stop notice rights against the District, the Project and the Project site with respect to all previous Sublease Prepayments made by the District, and (iii) any other items that the Lessor may be required to collect and distribute to the District pursuant to the terms and provisions of the Construction Services Agreement. Lessor shall promptly pay all amounts due to each subcontractor, consultant and other person retained by Xxxxxx Lessor in connection with the Project no later than ten (10) days after XxxxxxLessor's receipt of a Sublease Prepayment from the District. (2) The determination of whether satisfactory progress of the Construction pursuant to the Time Schedule has occurred shall be made by the inspector hired by the District pursuant to Section 26 24 of the Construction Services Agreement. If the District's inspector determines that pursuant to the Time Schedule, the work required to be performed, as stated in the Lessor's Sublease Prepayment request has not been substantially completed, the Lessor shall not be eligible to receive the requested Sublease Prepayment. (3) The District shall retain an amount equal to five ten percent (510%) of each Sublease Prepayment ("Retention") made at Lessor's request, unless said Retention is modified pursuant to Section 20 of the Construction Provisions. Lessor shall have the right, as delineated in Section 37 35 of the Construction Services Agreement, to substitute securities for any retention Retention withheld by the District, pursuant to the provisions of Public Contract Code section 22300. At any time after fifty percent of the work has been completed, if the Governing Board of the District finds that satisfactory progress is being made, it may make any of the remaining Sublease Prepayments in full.

Sublease Prepayments. At any time during the term of this Master Sublease, the District maymay in its sole discretion, upon the request of the Lessor or on upon its own initiative, make Sublease Prepayments to the Lessor. No Sublease Prepayments requested by the Lessor may be made by the District in an amount which exceeds exceeding the aggregate true cost to the Lessor of the work on the Project completed to the date the Lessor submits the request for a Sublease Prepayment less the aggregate amount of: (1) all Sublease Payments previously made by the District to the Lessor; (2) all Sublease Prepayments previously made by the District to the Lessor; (3) all amounts previously retained pursuant to Section 26(A)(3Article 21(A)(3), below, from Sublease Prepayments previously made by the District to the Lessor (unless the Lessor shall have previously substituted securities for such retained amounts pursuant to Section 26(A)(3))Lessor; and (4) the retention for such Sublease Prepayment pursuant to Section 26(A)(3)Prepayment. Lessor must submit evidence that the conditions precedent set forth in Section 26(A)(1), Article 21(A)(1) below, have been met. In the event District elects to make Sublease Prepayments, the Prepayment Price, contemplated in Section 26(BArticle 21(B), below, shall be adjusted accordingly. (1) The following are conditions precedent to any Sublease Prepayments made to the Lessor pursuant to a request of the LessorLessor and exercised by the District in its sole discretion: a. Satisfactory progress of the Construction work and construction pursuant to the time approved schedule required and “Contract Time” pursuant to Section 10(E) Article 9 of the Master Construction Services Agreement (the "Time Schedule") shall have been made as determined in Section 26 (A)(2Article 21(A)(2), below. x. Xxxxxx shall also submit to the District (i) duly executed conditional lien releases and waivers (in the form provided in California Civil Code Section 8132 section 8132) from the Lessor and all Subcontractorssubcontractors, consultants and other persons retained by the Lessor in connection with the Project, whereby such persons conditionally waive all lien and stop notice rights against the District, the Project and the Project site with respect to the pending Sublease Prepayment to be made by the District, (ii) duly executed unconditional lien releases and waivers (in the form provided in California Civil Code Section 8132section 8134) from the Lessor and all subcontractors, consultants and other persons retained by the Lessor in connection with the Project, whereby such persons unconditionally and irrevocably waive all lien and stop notice rights against the District, the Project and the Project site with respect to all previous Sublease Prepayments made by the District, and (iii) any other items that the Lessor may be required to collect and distribute to the District pursuant to the terms and provisions of the Construction Services AgreementCSA. Lessor shall promptly pay all amounts due to each subcontractor, consultant and other person retained by Xxxxxx Lessor in connection with the Project no later than ten (10) days after Xxxxxx's Lessor’s receipt of a Sublease Prepayment from the District. (2) The determination of whether satisfactory progress of the Construction pursuant to the Time Schedule approved schedule and “Contract Time” has occurred shall be made by the inspector Project Inspector hired by the District pursuant to Section 26 Article 10 of the Construction Services AgreementCSA. If the District's inspector Project Inspector determines that pursuant to the Time Scheduleapproved schedule and “Contract Time”, the work required to be performed, as stated in the Lessor's ’s Sublease Prepayment request has not been substantially completedcompleted and approved, the Lessor shall not be eligible to receive the requested Sublease Prepayment. (3) The District shall retain an amount equal to five percent (5%) of each Sublease Prepayment ("Retention") made at Lessor's request. Lessor shall have the right, as delineated in Section 37 of the Construction Services Agreement, to substitute securities for any retention withheld by the District, pursuant to the provisions of Public Contract Code section 22300. At any time after fifty percent of the work has been completed, if the Governing Board of the District finds that satisfactory progress is being made, it may make any of the remaining Sublease Prepayments in full.

Sublease Prepayments. At any time during the term of this Sublease, the District may, upon the request of the Lessor or on upon its own initiative, make Sublease Prepayments to the Lessor. No Sublease Prepayments requested by the Lessor may be made by the District in an amount which exceeds the aggregate true cost to the Lessor of the work on the Project completed to the date the Lessor submits the request for a Sublease Prepayment less the aggregate amount of: (1) all Sublease Payments previously made by the District to the Lessor; (2) all Sublease Prepayments previously made by the District to the Lessor; (3) all amounts previously retained pursuant to Section 26(A)(3), below, from Sublease Prepayments previously made by the District to the Lessor (unless the Lessor shall have previously substituted securities for such retained amounts pursuant to Section 26(A)(3)); and (4) the retention for such Sublease Prepayment pursuant to Section 26(A)(3). Lessor must submit evidence that the conditions precedent set forth in Section 26(A)(1), below, have been met. In the event District elects to make Sublease Prepayments, the Prepayment Price, contemplated in Section 26(B), below, shall be adjusted accordingly. (1) The following are conditions precedent to any Sublease Prepayments made to the Lessor pursuant to a request of the Lessor: a. Satisfactory progress of the Construction pursuant to the time schedule required pursuant to Section 10(E) of the Construction Services Agreement (the "Time Schedule") shall have been made as determined in Section 26 (A)(2), below. x. Xxxxxx shall also submit to the District (i) duly executed conditional lien releases and waivers (in the form provided in California Civil Code Section 8132 from the Lessor and all Subcontractors, consultants and other persons retained by the Lessor in connection with the Project, whereby such persons DEL NORTE HIGH SCHOOL NEW SCIENCE CLASSROOM, FIELDS, RESTROOM BUILDING PROJECT SUBLEASE conditionally waive all lien and stop notice rights against the District, the Project and the Project site with respect to the pending Sublease Prepayment to be made by the District, (ii) duly executed unconditional lien releases and waivers (in the form provided in California Civil Code Section 8132) from the Lessor and all subcontractors, consultants and other persons retained by the Lessor in connection with the Project, whereby such persons unconditionally and irrevocably waive all lien and stop notice rights against the District, the Project and the Project site with respect to all previous Sublease Prepayments made by the District, and (iii) any other items that the Lessor may be required to collect and distribute to the District pursuant to the terms and provisions of the Construction Services Agreement. Lessor shall promptly pay all amounts due to each subcontractor, consultant and other person retained by Xxxxxx Lessor in connection with the Project no later than ten (10) days after XxxxxxLessor's receipt of a Sublease Prepayment from the District. (2) The determination of whether satisfactory progress of the Construction pursuant to the Time Schedule has occurred shall be made by the inspector hired by the District pursuant to Section 26 of the Construction Services Agreement. If the District's inspector determines that pursuant to the Time Schedule, the work required to be performed, as stated in the Lessor's Sublease Prepayment request has not been substantially completed, the Lessor shall not be eligible to receive the requested Sublease Prepayment. (3) The District shall retain an amount equal to five percent (5%) of each Sublease Prepayment ("Retention") made at Lessor's request. Lessor shall have the right, as delineated in Section 37 of the Construction Services Agreement, to substitute securities for any retention withheld by the District, pursuant to the provisions of Public Contract Code section 22300. At any time after fifty percent of the work has been completed, if the Governing Board of the District finds that satisfactory progress is being made, it may make any of the remaining Sublease Prepayments in full.

Sublease Prepayments. At any time during the term of this Master Sublease, the District maymay in its sole discretion, upon the request of the Lessor or on upon its own initiative, make Sublease Prepayments to the Lessor. No Sublease Prepayments requested by the Lessor may be made by the District in an amount which exceeds exceeding the aggregate true cost to the Lessor of the work on the phases of the Project completed to the date the Lessor submits the request for a Sublease Prepayment less the aggregate amount of: (1) all Sublease Payments previously made by the District to the Lessor; (2) all Sublease Prepayments previously made by the District to the Lessor; (3) all amounts previously retained pursuant to Section 26(A)(3Article 21(A)(3), below, from Sublease Prepayments previously made by the District to the Lessor (unless the Lessor shall have previously substituted securities for such retained amounts pursuant to Section 26(A)(3))Lessor; and (4) the retention for such Sublease Prepayment pursuant to Section 26(A)(3)Prepayment. Lessor must submit evidence that the conditions precedent set forth in Section 26(A)(1), Article 21(A)(1) below, have been met. In the event District elects to make Sublease Prepayments, the Prepayment Price, contemplated in Section 26(BArticle 21(B), below, shall be adjusted accordingly. (1) The following are conditions precedent to any Sublease Prepayments made to the Lessor pursuant to a request of the LessorLessor and exercised by the District in its sole discretion: a. Satisfactory progress of the Construction work and construction pursuant to the time approved schedule required and “Contract Time” pursuant to Section 10(E) Article 9 of the Master Construction Services Agreement (the "Time Schedule") shall have been made as determined in Section 26 (A)(2Article 21(A)(2), below. x. Xxxxxx shall also submit to the District (i) duly executed conditional lien releases and waivers (in the form provided in California Civil Code Section 8132 section 8132) from the Lessor and all Subcontractorssubcontractors, consultants and other persons retained by the Lessor in connection with the Project, whereby such persons conditionally waive all lien and stop notice rights against the District, the Project and the Project site with respect to the pending Sublease Prepayment to be made by the District, (ii) duly executed unconditional lien releases and waivers (in the form provided in California Civil Code Section 8132section 8134) from the Lessor and all subcontractors, consultants and other persons retained by the Lessor in connection with the Project, whereby such persons unconditionally and irrevocably waive all lien and stop notice rights against the District, the Project and the Project site with respect to all previous Sublease Prepayments made by the District, and (iii) any other items that the Lessor may be required to collect and distribute to the District pursuant to the terms and provisions of the Construction Services AgreementCSA. Lessor shall promptly pay all amounts due to each subcontractor, consultant and other person retained by Xxxxxx in connection with the Project no later than ten (10) days after Xxxxxx's ’s receipt of a Sublease Prepayment from the District. (2) The determination of whether satisfactory progress of the Construction pursuant to the Time Schedule approved schedule and “Contract Time” has occurred shall be made by the inspector Project Inspector hired by the District pursuant to Section 26 Article 10 of the Construction Services AgreementCSA. If the District's inspector Project Inspector determines that pursuant to the Time Scheduleapproved schedule and “Contract Time”, the work required to be performed, as stated in the Lessor's ’s Sublease Prepayment request has not been substantially completedcompleted and approved, the Lessor shall not be eligible to receive the requested Sublease Prepayment. (3) The District shall retain an amount equal to five percent (5%) of each Sublease Prepayment ("Retention") made at Lessor's request. Lessor shall have the right, as delineated in Section 37 of the Construction Services Agreement, to substitute securities for any retention withheld by the District, pursuant to the provisions of Public Contract Code section 22300. At any time after fifty percent of the work has been completed, if the Governing Board of the District finds that satisfactory progress is being made, it may make any of the remaining Sublease Prepayments in full.

Sublease Prepayments. At any time during the term of this Sublease, the District may, upon the request of the Lessor or on upon its own initiative, make Sublease Prepayments to the Lessor. No Sublease Prepayments requested by the Lessor may be made by the District in an amount which exceeds exceeding the aggregate true cost to the Lessor of the work on the Project completed to as of the date the Lessor submits the request for a Sublease Prepayment less the aggregate amount of: (1) all Sublease Payments previously made by the District to the Lessor; (2) all Sublease Prepayments previously made by the District to the Lessor; and (3) all amounts previously retained pursuant to Section 26(A)(3)27.A.3., below, from Sublease Payments, and Sublease Prepayments previously made by the District to the Lessor (unless the Lessor shall have previously substituted securities for such retained amounts pursuant to Section 26(A)(3)); and (427.A.3.) the retention for such Sublease Prepayment pursuant to Section 26(A)(3)below. Lessor must submit evidence that the conditions precedent set forth in Section 26(A)(1)27.A.1., below, have been met. In the event District elects to make Sublease Prepayments, the Prepayment Price, contemplated in Section 26(B)27.B., below, shall be adjusted accordingly. (1) . The following are conditions precedent to any Sublease Prepayments made to the Lessor pursuant to a request of the Lessor: a. Satisfactory progress of the Construction construction pursuant to the time schedule required pursuant to Section 10(E) 10.E. of the Construction Services Agreement (the "“Time Schedule"”) shall have been made as determined in Section 26 (A)(2)27.A.2., below. x. Xxxxxx shall also submit to the District (i) duly executed conditional lien releases and waivers (in the form provided in California Civil Code Section 8132 section 3262) from the Lessor and all Subcontractorssubcontractors, consultants and other persons retained by the Lessor in connection with the Project, whereby such persons conditionally waive all lien and stop notice rights against the District, the Project and the Project site Site with respect to the pending Sublease Prepayment to be made by the District, (ii) duly executed unconditional lien releases and waivers (in the form provided in California Civil Code Section 8132section 3262) from the Lessor and all subcontractors, consultants and other persons retained by the Lessor in connection with the Project, whereby such persons unconditionally and irrevocably waive all lien and stop notice rights against the District, the Project and the Project site Site with respect to all previous Sublease Payments and Sublease Prepayments made by the District, and (iii) any other items that the Lessor may be required to collect and distribute to the District pursuant to the terms and provisions conditions of the Construction Services Agreement. Lessor shall promptly pay all amounts due to each subcontractor, consultant and other person retained by Xxxxxx Lessor in connection with the Project no later than ten (10) days after Xxxxxx's Lessor’s receipt of a Sublease Prepayment from the District. (2) . The determination of whether satisfactory progress of the Construction construction pursuant to the Time Schedule has occurred shall be made by the inspector hired by the District pursuant to Section 26 25 of the Construction Services Agreement. If the District's ’s inspector determines that that, pursuant to the Time Schedule, the work required to be performed, as stated in the Lessor's ’s Sublease Prepayment request request, has not been substantially completed, the Lessor shall not be eligible to receive the requested Sublease Prepayment. (3) The . District shall retain an amount equal to five ten percent (510%) of each Sublease Prepayment ("Retention"“retention”) made at Lessor's ’s request. Lessor shall have the right, as delineated in Section 37 36 of the Construction Services Agreement, to substitute securities for any retention withheld by the District, pursuant to the provisions of Public Contract Code section 22300. At any time after fifty percent of the work has been completed, if the Governing Board of the District finds that satisfactory progress is being made, it may make any of the remaining Sublease Prepayments in full.

Sublease Prepayments. At any time during the term of this Sublease, the District may, upon the request of the Lessor or on upon its own initiative, may make Sublease Prepayments to the LessorCorporation of the Sublease Payments ("Sublease Prepayments"). No Sublease Prepayments requested by the Lessor Corporation may be made by the District in an amount which exceeds the aggregate true cost to the Lessor Corporation of the work on the Project completed to the date the Lessor Corporation submits the request for a Sublease Prepayment less the aggregate amount of: (1) all Sublease Payments previously made by the District to the LessorCorporation; (2) all Sublease Prepayments previously made by the District to the LessorCorporation; (3) all amounts previously retained pursuant to Section 26(A)(325(a)(3), below, from Sublease Prepayments previously made by the District to the Lessor Corporation (unless the Lessor Corporation shall have previously substituted securities for such retained amounts pursuant to Section 26(A)(325(a)(3)); and (45) the retention for such Sublease Prepayment pursuant to Section 26(A)(3)25(a)(3) hereof. Lessor Corporation must submit evidence that the conditions precedent set forth in Section 26(A)(125(a) (1), below, have been met. In the event District elects to make Sublease Prepayments, the Prepayment Price, contemplated in Section 26(B25(b), below, shall be adjusted accordingly. (1) . The following are conditions precedent to any Sublease Prepayments made to the Lessor Corporation pursuant to a request of the LessorCorporation: a. Satisfactory progress of the Construction pursuant to the time schedule Project Construction Schedule required pursuant to Section 10(E) 10.E of the Construction Services Lease-Leaseback Agreement (the "Time “Project Construction Schedule"”) shall have been made as determined in Section 26 (A)(2)25.2, below. x. Xxxxxx b. Corporation shall also submit to the District (i) duly executed conditional lien releases and waivers (in the form provided in California Civil Code Section 8132 3262) from the Lessor Corporation and all Subcontractors, consultants and other persons retained by the Lessor Corporation in connection with the Project, whereby such persons conditionally waive all lien and stop notice rights against the District, the Project and the Project site with respect to the pending Sublease Prepayment to be made by the District, (ii) duly executed unconditional lien releases and waivers (in the form provided in California Civil Code Section 81323262) from the Lessor Corporation and all subcontractors, consultants and other persons retained by the Lessor Corporation in connection with the Project, whereby such persons unconditionally and irrevocably waive all lien and stop notice rights against the District, the Project and the Project site with respect to all previous Sublease Prepayments made by the District, and (iii) any other items that the Lessor Corporation may be required to collect and distribute to the District pursuant to the terms and provisions of the Construction Services Lease-Leaseback Agreement. Lessor Corporation shall promptly pay all amounts due to each subcontractor, consultant and other person retained by Xxxxxx Corporation in connection with the Project no later than ten (10) days after Xxxxxx's Corporation’s receipt of a Sublease Prepayment from the District. (2) . The determination of whether satisfactory progress of the Construction pursuant to the Time Project Construction Schedule has occurred shall be made by the inspector hired by the District pursuant to Section 26 21 of the Construction Services Lease-Leaseback Agreement. If the District's inspector determines that pursuant to the Time Project Construction Schedule, the work required to be performed, as stated in the Lessor's Corporation’s Sublease Prepayment request has not been substantially completed, the Lessor Corporation shall not be eligible to receive the requested Sublease Prepayment. (3) . The District shall retain an amount equal to five ten percent (510%) of each Sublease Prepayment ("Retention"“retention”) made at Lessor's Corporation’s request. Lessor Corporation shall have the right, as delineated in Section 37 33 of the Construction Services Lease-Leaseback Agreement, to substitute securities for any retention withheld by the District, pursuant to the provisions of Public Contract Code section 22300. At any time after fifty percent of the work has been completed, if the Governing Board of the District finds that satisfactory progress is being made, it may make any of the remaining Sublease Prepayments in full.

Sublease Prepayments. At any time during the term of this Sublease, the District may, upon the request of the Lessor or on upon its own initiative, make Sublease Prepayments to the Lessor. No Sublease Prepayments requested by the Lessor may be made by the District in an amount which exceeds the aggregate true cost to the Lessor of the work on the Project completed to the date the Lessor submits the request for a Sublease Prepayment less the aggregate amount of: (1) all Sublease Payments previously made by the District to the Lessor; (2) all Sublease Prepayments previously made by the District to the Lessor; (3) all amounts previously retained pursuant to Section 26(A)(3), below, from Sublease Prepayments previously made by the District to the Lessor (unless the Lessor shall have previously substituted securities for such retained amounts pursuant to Section 26(A)(3)); and (4) the retention for such Sublease Prepayment pursuant to Section 26(A)(3). Lessor must submit evidence that the conditions precedent set forth in Section 26(A)(1), below, have been met. In the event District elects to make Sublease Prepayments, the Prepayment Price, contemplated in Section 26(B), below, shall be adjusted accordingly. (1) The following are conditions precedent to any Sublease Prepayments made to the Lessor pursuant to a request of the Lessor: : RANCHO XXXXXXXX HIGH SCHOOL BUILDING “N” MOD SUBLEASE AGREEMENT a. Satisfactory progress of the Construction pursuant to the time schedule required pursuant to Section 10(E) of the Construction Services Agreement (the "Time Schedule") shall have been made as determined in Section 26 (A)(2), below. x. Xxxxxx shall also submit to the District (i) duly executed conditional lien releases and waivers (in the form provided in California Civil Code Section 8132 from the Lessor and all Subcontractors, consultants and other persons retained by the Lessor in connection with the Project, whereby such persons conditionally waive all lien and stop notice rights against the District, the Project and the Project site with respect to the pending Sublease Prepayment to be made by the District, (ii) duly executed unconditional lien releases and waivers (in the form provided in California Civil Code Section 8132) from the Lessor and all subcontractors, consultants and other persons retained by the Lessor in connection with the Project, whereby such persons unconditionally and irrevocably waive all lien and stop notice rights against the District, the Project and the Project site with respect to all previous Sublease Prepayments made by the District, and (iii) any other items that the Lessor may be required to collect and distribute to the District pursuant to the terms and provisions of the Construction Services Agreement. Lessor shall promptly pay all amounts due to each subcontractor, consultant and other person retained by Xxxxxx in connection with the Project no later than ten (10) days after Xxxxxx's receipt of a Sublease Prepayment from the District. (2) The determination of whether satisfactory progress of the Construction pursuant to the Time Schedule has occurred shall be made by the inspector hired by the District pursuant to Section 26 of the Construction Services Agreement. If the District's inspector determines that pursuant to the Time Schedule, the work required to be performed, as stated in the Lessor's Sublease Prepayment request has not been substantially completed, the Lessor shall not be eligible to receive the requested Sublease Prepayment. (3) The District shall retain an amount equal to five percent (5%) of each Sublease Prepayment ("Retention") made at Lessor's request. Lessor shall have the right, as delineated in Section 37 of the Construction Services Agreement, to substitute securities for any retention withheld by the District, pursuant to the provisions of Public Contract Code section 22300. At any time after fifty percent of the work has been completed, if the Governing Board of the District finds that satisfactory progress is being made, it may make any of the remaining Sublease Prepayments in full.

Sublease Prepayments. At any time during the term of this Sublease, the District may, upon the request of the Lessor or on upon its own initiative, make the Sublease Prepayments to the Lessor. No Sublease Prepayments requested by the Lessor may be made by the District in an amount which exceeds the aggregate true cost to the Lessor of the work on the Project completed to the date the Lessor submits the request for a Sublease Prepayment less the aggregate amount of: (1) all Sublease Payments previously made by the District to the Lessor; (2) all Sublease Prepayments previously made by the District to the Lessor; (3) all amounts previously retained pursuant to Section 26(A)(3), below, from Sublease Prepayments previously made by the District to the Lessor (unless the Lessor shall have previously substituted securities for such retained amounts pursuant to Section 26(A)(3)); and (4) the retention for such Sublease Prepayment pursuant to Section 26(A)(3). Lessor must submit evidence that the conditions precedent set forth in Section 26(A)(1), below, have been met. In the event the District elects to make Sublease Prepayments, the Prepayment Price, contemplated in Section 26(B), below, shall be adjusted accordingly.Section (1) The following are conditions precedent to any Sublease Prepayments made to the Lessor pursuant to a request of the Lessor: a. Satisfactory progress of the Construction pursuant to the time schedule required pursuant to Section 10(E) of the Construction Services Agreement (the "Time Schedule") shall have been made as determined in Section 26 (A)(2), below. x. Xxxxxx shall also submit to the District (i) duly executed conditional lien releases and waivers (in the form provided in California Civil Code Section 8132 from the Lessor and all Subcontractors, consultants and other persons retained by the Lessor in connection with the Project, whereby such persons conditionally waive all lien and stop notice rights against the District, the Project and the Project site with respect to the pending Sublease Prepayment to be made by the District, (ii) duly executed unconditional lien releases and waivers (in the form provided in California Civil Code Section 8132) from the Lessor and all subcontractors, consultants and other persons retained by the Lessor in connection with the Project, whereby such persons unconditionally and irrevocably waive all lien and stop notice rights against the District, the Project and the Project site with respect to all previous Sublease Prepayments made by the District, and (iii) any other items that the Lessor may be required to collect and distribute to the District pursuant to the terms and provisions of the Construction Services Agreement. Lessor shall promptly pay all amounts due to each subcontractor, consultant and other person retained by Xxxxxx in connection with the Project no later than ten (10) days after Xxxxxx's receipt of a Sublease Prepayment from the District. (2) The determination of whether satisfactory progress of the Construction construction pursuant to the Time Schedule has occurred shall be made by the inspector hired by the District pursuant to Section 26 of the Construction Services Agreement. If the District's inspector determines that pursuant to the Time Schedule, the work required to be performed, as stated in the Lessor's Sublease Prepayment request has not been substantially completed, the Lessor shall not be eligible to receive the requested Sublease Prepayment. (3) The District shall retain an amount equal to five percent (5%) of each Sublease Prepayment ("Retention") made at Lessor's request. Lessor shall have the right, as delineated in Section 37 of the Construction Services Agreement, to substitute securities for any retention withheld by the District, pursuant to the provisions of Public Contract Code section 22300. At any time after fifty percent of the work has been completed, if the Governing Board of the District finds that satisfactory progress is being made, it may make any of the remaining Sublease Prepayments in full.

Sublease Prepayments. At any time during the term of this Sublease, the District maymay in its sole discretion, upon the request of the Lessor or on upon its own initiative, make Sublease Prepayments to the Lessor. No Sublease Prepayments requested by the Lessor may be made by the District in an amount which exceeds exceeding the aggregate true cost to the Lessor of the work on the Project completed to the date the Lessor submits the request for a Sublease Prepayment less the aggregate amount of: (1) all Sublease Payments previously made by the District to the Lessor; (2) all Sublease Prepayments previously made by the District to the Lessor; (3) all amounts previously retained pursuant to Section 26(A)(3Article 21(A)(3), below, from Sublease Prepayments previously made by the District to the Lessor (unless the Lessor shall have previously substituted securities for such retained amounts pursuant to Section 26(A)(3))Lessor; and (4) the retention for such Sublease Prepayment pursuant to Section 26(A)(3)Prepayment. Lessor must submit evidence that the conditions precedent set forth in Section 26(A)(1), Article 21(A)(1) below, have been met. In the event District elects to make Sublease Prepayments, the Prepayment Price, contemplated in Section 26(BArticle 21(B), below, shall be adjusted accordingly. (1) The following are conditions precedent to any Sublease Prepayments made to the Lessor pursuant to a request of the LessorLessor and exercised by the District in its sole discretion: a. Satisfactory progress of the Construction work and construction pursuant to the time approved schedule required and “Contract Time” pursuant to Section 10(E) Article 9 of the Construction Services Agreement (the "Time Schedule") shall have been made as determined in Section 26 (A)(2Article 21(A)(2), below. x. Xxxxxx shall also submit to the District (i) duly executed conditional lien releases and waivers (in the form provided in California Civil Code Section 8132 section 8132) from the Lessor and all Subcontractorssubcontractors, consultants and other persons retained by the Lessor in connection with the Project, whereby such persons conditionally waive all lien and stop notice rights against the District, the Project and the Project site with respect to the pending Sublease Prepayment to be made by the District, (ii) duly executed unconditional lien releases and waivers (in the form provided in California Civil Code Section 8132section 8134) from the Lessor and all subcontractors, consultants and other persons retained by the Lessor in connection with the Project, whereby such persons unconditionally and irrevocably waive all lien and stop notice rights against the District, the Project and the Project site with respect to all previous Sublease Prepayments made by the District, and (iii) any other items that the Lessor may be required to collect and distribute to the District pursuant to the terms and provisions of the Construction Services AgreementCSA. Lessor shall promptly pay all amounts due to each subcontractor, consultant and other person retained by Xxxxxx Lessor in connection with the Project no later than ten (10) days after Xxxxxx's Lessor’s receipt of a Sublease Prepayment from the District. (2) The determination of whether satisfactory progress of the Construction pursuant to the Time Schedule approved schedule and “Contract Time” has occurred shall be made by the inspector Project Inspector hired by the District pursuant to Section 26 Article 10 of the Construction Services AgreementCSA. If the District's inspector Project Inspector determines that pursuant to the Time Scheduleapproved schedule and “Contract Time”, the work required to be performed, as stated in the Lessor's ’s Sublease Prepayment request has not been substantially completedcompleted and approved, the Lessor shall not be eligible to receive the requested Sublease Prepayment. (3) The District shall retain an amount equal to five percent (5%) of each Sublease Prepayment ("Retention") made at Lessor's request. Lessor shall have the right, as delineated in Section 37 of the Construction Services Agreement, to substitute securities for any retention withheld by the District, pursuant to the provisions of Public Contract Code section 22300. At any time after fifty percent of the work has been completed, if the Governing Board of the District finds that satisfactory progress is being made, it may make any of the remaining Sublease Prepayments in full.

Sublease Prepayments. At any time during the term Term of this Sublease, the District may, upon the request of the Lessor or on upon its own initiative, may make Sublease Prepayments to the LessorContractor of the Tenant Improvement Payments and/or Sublease Payments ("Sublease Prepayments"). No Sublease Prepayments requested by the Lessor Contractor may be made by the District in an amount which exceeds the aggregate true cost to the Lessor Contractor of the work on the Project completed up to the date the Lessor Contractor submits the request for a Sublease Prepayment less the aggregate amount of: (1) all Tenant Improvement Prepayments and Sublease Payments previously made by the District to the LessorContractor; (2) all Sublease Prepayments previously made by the District to the LessorContractor; (3) all amounts previously retained pursuant to Section 26(A)(320(a)(3), below, from Sublease Prepayments previously made by the District to the Lessor Contractor (unless the Lessor Contractor shall have previously substituted securities for such retained amounts pursuant to Section 26(A)(320(a)(3)); and (4) the retention for such Sublease Prepayment pursuant to Section 26(A)(3)20(a)(3) hereof. Lessor Contractor must submit evidence that the conditions precedent set forth in Section 26(A)(120(a)(1), below, have been met. In the event District elects to make Sublease Prepayments, the Prepayment Price, contemplated in Section 26(B20(b), below, shall be adjusted accordingly. (1) The In the event that the District elects to make a Sublease Prepayment, the following are conditions precedent to any the District’s delivery of such Sublease Prepayments made to the Lessor Contractor pursuant to a request of the LessorContractor: a. (A) Satisfactory progress of the Construction construction of the Project pursuant to the time schedule required pursuant to Section 10(E) of the Construction Services Agreement (the "Time Schedule") Schedule shall have been made as determined in Section 26 (A)(2), belowaccordance therewith. x. Xxxxxx (B) Contractor shall also submit to the District (i) duly executed conditional lien releases and waivers (in the form provided in California Civil Code Section Sections 8132 through 8138) from the Lessor Contractor and all Subcontractorssub-contractors, consultants and other persons retained by the Lessor Contractor in connection with the Project, whereby such persons conditionally waive all lien and stop notice rights against the District, the Project and the Project site Site with respect to the pending Sublease Prepayment to be made by the District, (ii) duly executed unconditional lien releases and waivers (in the form provided in California Civil Code Section 8132Sections 8132 through 8138) from the Lessor Contractor and all subcontractors, consultants and other persons retained by the Lessor Contractor in connection with the Project, whereby such persons unconditionally and irrevocably waive all lien and stop notice rights against the District, the Project and the Project site Site with respect to all previous Sublease Prepayments made by the District, and (iii) any other items that the Lessor Contractor may be required to collect and distribute to the District pursuant to the terms and provisions of the Construction Services Agreement. Lessor Contractor shall promptly pay all amounts due to each subcontractor, consultant and other person retained by Xxxxxx Contractor in connection with the Project no later than ten (10) 10 days after Xxxxxx's Contractor’s receipt of a Sublease Prepayment from the District. (2) The determination of whether satisfactory progress of the Construction construction pursuant to the Time Schedule has occurred shall be made by the inspector hired by District in accordance with the District pursuant to Section 26 of the Construction Services AgreementGeneral Conditions. If the District's inspector District determines that pursuant to the Time Schedule, Schedule the work required to be performed, as stated in the Lessor's Contractor’s Sublease Prepayment request request, has not been substantially completed, the Lessor then Contractor shall not be eligible to receive the requested Sublease Prepayment. (3) The District shall retain an amount equal to five percent (5%) % of each Sublease Prepayment Tenant Improvement Payments ("Retention"“retention”) made at Lessor's Contractor’s request. Lessor Contractor shall have the right, as delineated in Section 37 of the Construction Services AgreementGeneral Conditions, to substitute securities for any retention withheld by the District, pursuant to the provisions of Public Contract Code section Section 22300. At any time after fifty percent of the work has been completed, if the Governing Board of the District finds that satisfactory progress is being made, it may make any of the remaining Sublease Prepayments in full.