Timing of the Lease Payments and Interest Due on Lease Payments. The first Lease Payment is due within the timeframe stated below only after the following conditions have been completed and satisfied. The District may waive any of these conditions to the payment of Lease Payments at its sole discretion and may withhold up to 150% of any disputed amounts. The District shall not be liable for payment of interest on those disputed amounts pending final adjudication of those disputes.
5.2.6.1. The Contractor has submitted a final subcontractors list with the required information on the District’s Final Subcontractors List Form, which is Attachment 3, under Labor Code 1773.3 (d); and
5.2.6.2. The District has beneficially occupied for the applicable GMP, or the District has issued a certificate of Substantial Completion for the applicable GMP, whichever is earlier; and
5.2.6.3. The final Tenant Improvement Payment has been paid and all Retention has been paid; and
5.2.6.4. The Contractor has submitted the San Diego Unified School District’s Prime Contractor’s DVBE Subcontracting Report and the District has accepted that Report as Satisfying the DVBE Participation Mandatory Requirement. This Report is only applicable for the last MOC of the Project; and
5.2.6.5. Upon completion of items 5.2.6.1 through 5.2.6.4, the Parties shall execute the Memorandum of Commencement Date, attached to the Master Facilities Lease as Exhibit L.
Timing of the Lease Payments and Interest Due on Lease Payments. The first Lease Payment is due only after the following conditions have been completed and satisfied. The District may waive any of these conditions to the payment of Lease Payments at its sole discretion and may withhold up to 150% of any disputed amounts and the District shall not be liable for payment of interest on those disputed amounts pending final adjudication of those disputes.
5.2.6.1. The Contractor has submitted a complete subcontractors list as required under Labor Code 1773.3 (d); and
5.2.6.2. The last Final Tenant Improvement Payments has been paid and all Retention has been paid; and
5.2.6.3. The District has beneficially occupied for the applicable phase, or the District has issued a certificate of Substantial Completion for the applicable phase or the District has filed a Notice of Completion, whichever is earlier; and
5.2.6.4. The Contractor has submitted the San Diego Unified School District’s Prime Contractor’s DVBE Subcontracting Report and the District has accepted that Report as Satisfying the DVBE Participation Mandatory Requirement; and
5.2.6.5. Upon completion of items 5.2.6.1 through 5.2.6.4, the Parties shall execute the Memorandum of Commencement Date, attached to the Facilities Lease as Exhibit L; and
