Common use of Disbursement of Improvement Allowance Clause in Contracts

Disbursement of Improvement Allowance. Tenant acknowledges that Landlord is a publicly traded real estate investment trust (“REIT”), and due to such REIT status Landlord is required to satisfy certain tax and accounting requirements and related obligations in connection with the leases at the Project. In order to satisfy such requirements and obligations in connection with this Lease, Landlord requires various construction-related deliverables to be timely submitted by Tenant to Landlord (“Tenant Deliverables”) at designated times prior to, during and immediately following the construction of the Improvements by Tenant, and Tenant hereby agrees to timely comply with all such Tenant Deliverable obligations. The Tenant Deliverables and related delivery deadlines are set forth in this Work Letter and in Schedule 4 attached to this Work Letter and incorporated herein by this reference. Tenant shall deliver to Landlord all Tenant Deliverables in a timely fashion as such Tenant Deliverables are required pursuant to the timing set forth on Schedule 4 attached to this Work Letter. Prior to the commencement of construction of the Improvements, Tenant shall deliver all of the Tenant Deliverables set forth in Section 1 of Schedule 4 attached to this Work Letter (i.e., the “Prior to Start of Construction” category of Tenant Deliverables) to Landlord. Certain of the Tenant Deliverables set forth in Section 1 of Schedule 4 attached to this Work Letter are further addressed with more specific provisions in this Work Letter. Prior to and during the design and construction of the Improvements, Landlord shall make monthly disbursements of the Improvement Allowance for Improvement Allowance Items and shall authorize the release of monies as follows:

Disbursement of Improvement Allowance. Tenant acknowledges that Landlord is a publicly traded real estate investment trust (“REIT”), and due to such REIT status Landlord is required to satisfy certain tax and accounting requirements and related obligations in connection with the leases at the ProjectBuilding. In order to satisfy such requirements and obligations in connection with this the Lease, as amended, Landlord requires various construction-related deliverables to be timely submitted by Tenant to Landlord (“Tenant Deliverables”) at designated times prior to, during and immediately following the construction of the Improvements by Tenant, and Tenant hereby agrees to timely comply with all such Tenant Deliverable obligations. The Tenant Deliverables and related delivery deadlines are set forth in this Work Letter and in Schedule 4 1 attached to this Work Letter and incorporated herein by this reference. Notwithstanding any contrary provision of this Work Letter or Schedule 1 attached to this Work Letter, Tenant shall deliver to Landlord all Tenant Deliverables in a timely fashion as such soon as each of the Tenant Deliverables are required pursuant to the timing set forth on Schedule 4 1 attached to this Work Letter. Prior to the commencement of construction of the Improvements, Tenant shall deliver all of the Tenant Deliverables set forth in Section 1 of Schedule 4 1 attached to this Work Letter (i.e., the “Prior to Start of Construction” category of Tenant Deliverables) to Landlord. Certain of the Tenant Deliverables set forth in Section 1 of Schedule 4 1 attached to this Work Letter are further addressed with more specific provisions in this Work Letter. Prior to and during the design and construction of the Improvements, Landlord shall make monthly disbursements of the Improvement Allowance for Improvement Allowance Items and shall authorize the release of monies as follows:.

Disbursement of Improvement Allowance. Tenant acknowledges that Landlord is a publicly traded real estate investment trust (“REIT”), and due to such REIT status Landlord is required to satisfy certain tax and accounting requirements and related obligations in connection with the leases at the ProjectBuilding. In order to satisfy such requirements and obligations in connection with this Lease, Landlord requires various construction-related deliverables to be timely submitted by Tenant to Landlord (“Tenant Deliverables”) at designated times prior to, during and immediately following the construction of the Improvements by Tenant, and Tenant hereby agrees to timely comply with all such Tenant Deliverable obligations. The Tenant Deliverables and related delivery deadlines are set forth in this Work Letter and in Schedule 4 1 attached to this Work Letter and incorporated herein by this reference. Notwithstanding any contrary provision of this Work Letter or Schedule 1 attached to this Work Letter, Tenant shall deliver to Landlord all Tenant Deliverables in a timely fashion as such soon as each of the Tenant Deliverables are required pursuant to the timing set forth on Schedule 4 1 attached to this Work Letter. Prior to the commencement of construction of the Improvements, Tenant shall deliver all of the Tenant Deliverables set forth in Section 1 of Schedule 4 1 attached to this Work Letter (i.e., the “Prior to Start of Construction” category of Tenant Deliverables) to Landlord. Certain of the Tenant Deliverables set forth in Section 1 of Schedule 4 1 attached to this Work Letter are further addressed with more specific provisions in this Work Letter. Prior to and during the design and construction of the Improvements, Landlord shall make monthly disbursements of the Improvement Allowance for Improvement Allowance Items and shall authorize the release of monies as follows:.

Disbursement of Improvement Allowance. Landlord shall disburse the Improvement Allowance to Tenant acknowledges that Landlord is a publicly traded real estate investment trust (“REIT”), and due to such REIT status Landlord is required to satisfy certain tax and accounting requirements and related obligations in connection with the leases at the Project. In order to satisfy such requirements construction and obligations in connection with this Lease, Landlord requires various construction-related deliverables to be timely submitted by Tenant to Landlord (“Tenant Deliverables”) at designated times prior to, during and immediately following the construction of the Improvements by Tenant, and Tenant hereby agrees to timely comply with all such Tenant Deliverable obligations. The Tenant Deliverables and related delivery deadlines are set forth in this Work Letter and in Schedule 4 attached to this Work Letter and incorporated herein by this reference. Tenant shall deliver to Landlord all Tenant Deliverables in a timely fashion as such Tenant Deliverables are required pursuant to the timing set forth on Schedule 4 attached to this Work Letter. Prior to the commencement of construction completion of the Improvements, Tenant shall deliver all and in accordance with Landlord’s reasonable and customary disbursement procedures, as set forth herein. The funding of the Tenant Deliverables set forth Improvement Allowance shall be made on a monthly basis or at other convenient intervals mutually approved by Landlord and Tenant, and in Section 1 all other respects shall be based on such commercially reasonable disbursement conditions and procedures as Landlord reasonably may prescribe (which conditions may include, without limitation, delivery of Schedule 4 attached invoices, architect’s certificates and/or other evidence reasonably satisfactory to this Work Letter (i.e., the “Prior to Start of Construction” category of Tenant Deliverables) to Landlord. Certain of the Tenant Deliverables set forth in Section 1 of Schedule 4 attached to this Work Letter are further addressed with more specific provisions in this Work Letter. Prior to and during Landlord that expenses have been incurred for the design and construction of alterations and improvements to the ImprovementsExisting Premises and/or Expansion Premises, Landlord shall make monthly disbursements and delivery of conditional or unconditional lien releases from all parties performing the actual work). Notwithstanding the foregoing, any amount of the Improvement Allowance for that has not been allocated or disbursed on or before December 31, 2012, shall revert to Landlord and Tenant shall have no further rights thereto. Landlord shall not charge a supervisory or construction management fee relating to the Improvements, but Landlord shall be permitted to recover from Tenant or deduct from the Improvement Allowance Items Landlord’s actual out-of-pocket fees paid by Landlord to third party consultants or service providers (including third party project managers) which Landlord determines reasonably necessary to facilitate its review and approval of the Improvements. The Improvement Allowance shall authorize not be used by Tenant for moving or relocation expenses, furniture, fixtures or other personal property, or for exterior improvements or signage. Except as specifically set forth in this Section 6, Landlord shall not be obligated to provide or pay for any improvement work or services related to the release improvement of monies as follows:the Existing Premises or the Expansion Premises pursuant to this Amendment.

Disbursement of Improvement Allowance. Tenant acknowledges that Landlord is a publicly traded real estate investment trust (“"REIT”"), and due to such REIT status Landlord is required to satisfy certain tax and accounting requirements and related obligations in connection with the leases at the Project. In order to satisfy such requirements and obligations in connection with this Lease, Landlord requires various construction-related deliverables to be timely submitted by Tenant to Landlord (“"Tenant Deliverables”") at certain designated times prior to, during and immediately following the construction of the Improvements by Tenantset forth in Schedule 1 attached to this Work Letter, and Tenant hereby agrees to timely comply with all such Tenant Deliverable obligations. The Tenant Deliverables and related delivery deadlines , all of which are set forth in hereby incorporated into this Work Letter and in Schedule 4 attached to by reference. Notwithstanding any contrary provision of this Work Letter and incorporated herein by this reference. Tenant shall deliver to Landlord all Tenant Deliverables in a timely fashion as such Tenant Deliverables are required pursuant to the timing set forth on or Schedule 4 1 attached to this Work Letter, a complete set of all Tenant Deliverables shall be delivered to Landlord no later than the date that is twelve (12) months following the Lease Commencement Date. Prior to the commencement of construction of the Improvements, Tenant shall deliver all of the Tenant Deliverables set forth in Section 1 of Schedule 4 1 attached to this Work Letter (i.e., the “"Prior to 800114.12/WLA377185-00015/10-3-19/JNO/JNO EXHIBIT X-00- XXXXXX XXXXXXXXX MAR CORPORATE CENTER III[Evofem Biosciences, Inc.] Start of Construction” " category of Tenant Deliverables) to Landlord. Certain of the Tenant Deliverables set forth in Section 1 of Schedule 4 1 attached to this Work Letter are further addressed with more specific provisions in this Work Letter. Prior to and during the design and construction of the Improvements, Landlord shall make monthly disbursements of the Improvement Allowance for Improvement Allowance Items and shall authorize the release of monies as follows:

Disbursement of Improvement Allowance. Tenant acknowledges that Landlord is a publicly traded real estate investment trust (“REIT”), and due to such REIT status Landlord is required to satisfy certain tax and accounting requirements and related obligations in connection with the leases at the ProjectBuilding. In order to satisfy such requirements and obligations in connection with this Lease, Landlord requires various construction-related deliverables to be timely submitted by Tenant to Landlord (“Tenant Deliverables”) at designated times prior to, during and immediately following the construction of the Improvements by Tenant, and Tenant hereby agrees to timely comply with all such Tenant Deliverable obligations. The Tenant Deliverables and related delivery deadlines are set forth in this Work Letter and in Schedule 4 1 attached to this Work Letter and incorporated herein by this reference. Tenant shall deliver to Landlord all Tenant Deliverables in a timely fashion as such Tenant Deliverables are required pursuant to the timing set forth on Notwithstanding any contrary provision of this Work Letter or Schedule 4 1 attached to this Work Letter, a complete set of all Tenant Deliverables shall be delivered to Landlord no later than forty-five (45) days following the Occupancy Outside Date. Prior to the commencement of construction of the Improvements, Tenant shall deliver all of the Tenant Deliverables set forth in Section 1 of Schedule 4 1 attached to this Work Letter (i.e., the “Prior to Start of Construction” category of Tenant Deliverables) to Landlord. Certain of the Tenant Deliverables set forth in Section 1 of Schedule 4 1 attached to this Work Letter are further addressed with more specific provisions in this Work Letter. Prior to and during the design and construction of the Improvements, Landlord shall make monthly disbursements of the Improvement Allowance for Improvement Allowance Items and shall authorize the release of monies as follows:.

Disbursement of Improvement Allowance. Tenant acknowledges that Landlord is a publicly traded real estate investment trust (“"REIT”"), and due to such REIT status Landlord is required to satisfy certain tax and accounting requirements and related obligations in connection with the leases at the ProjectBuilding. In order to satisfy such requirements and obligations in connection with this Lease, Landlord requires various construction-related deliverables to be timely submitted by Tenant to Landlord (“"Tenant Deliverables”") at certain designated times prior to, during and immediately following the construction of the Improvements by Tenantset forth in Schedule 3 attached to this Work Letter, and Tenant hereby agrees to timely comply with all such Tenant Deliverable obligations. The Tenant Deliverables and related delivery deadlines , all of which are set forth in hereby incorporated into this Work Letter and in Schedule 4 attached to by reference. Notwithstanding any contrary provision of this Work Letter and incorporated herein by this reference. Tenant shall deliver to Landlord all Tenant Deliverables in a timely fashion as such Tenant Deliverables are required pursuant to the timing set forth on or Schedule 4 3 attached to this Work Letter, a complete set of all Tenant Deliverables shall be delivered to Landlord no later than the Allowance Deadline. Prior to the commencement of construction of the Improvements, Tenant shall deliver all of the Tenant Deliverables set forth in Section 1 of Schedule 4 3 attached to this Work Letter (i.e., the “"Prior to Start of Construction” " category of Tenant Deliverables) to Landlord. Certain of the Tenant Deliverables set forth in Section 1 of Schedule 4 3 attached to this Work Letter are further addressed with more specific provisions in this Work Letter. Prior to and during the design and construction of the Improvements, Landlord shall make monthly disbursements of the Improvement Allowance for Improvement Allowance Items and shall authorize the release of monies as follows:

Disbursement of Improvement Allowance. Tenant acknowledges that Landlord FLUC is part of a publicly traded real estate investment trust (“REIT”), and due to such REIT status Landlord FLUC is required to satisfy certain tax and accounting requirements and related obligations in connection with the leases at the ProjectBuilding. In order to satisfy such requirements and obligations in connection with this Lease, Landlord FLUC requires various construction-related deliverables to be timely submitted by Tenant to Landlord FLUC (“Tenant Deliverables”) at designated times prior to, during and immediately following the construction of the Improvements by Tenant, and Tenant hereby agrees to timely comply with all such Tenant Deliverable obligations. The Tenant Deliverables and related delivery deadlines are set forth in this Work Letter and in Schedule 4 1 attached to this Work Letter hereto and incorporated herein by this reference. Tenant shall deliver to Landlord Notwithstanding any contrary provision of this Work Letter or Schedule 1, a complete set of all Tenant Deliverables in a timely fashion as such Tenant Deliverables are required pursuant shall have been delivered to FLUC no later than the timing set forth on Schedule 4 attached to date which is one (1) year following the full execution and delivery of this Work LetterSixth Amendment by Landlord and Tenant. Prior to the commencement of construction of the Improvements, Tenant shall deliver all of the Tenant Deliverables set forth in Section 1 of Schedule 4 attached to this Work Letter 1 (i.e., the “Prior to Start of Construction” category of Tenant Deliverables) to LandlordFLUC. Certain of the Tenant Deliverables set forth in Section 1 of Schedule 4 attached to this Work Letter 1 are further addressed with more specific provisions in this Work Letter. Prior to and during Following the design and construction of the Improvements, Landlord FLUC shall make monthly disbursements one (1) disbursement of the Improvement Allowance for Improvement Allowance Items and shall authorize the release of monies as follows:.

Disbursement of Improvement Allowance. Landlord shall disburse the Improvement Allowance to Tenant acknowledges that Landlord is a publicly traded real estate investment trust (“REIT”)following the completion of the Sublease Improvements, and due to such REIT status Landlord is required to satisfy certain tax in accordance with Landlord’s reasonable and accounting requirements and related obligations in connection with the leases at the Projectcustomary disbursement procedures, as set forth herein. In order to satisfy such requirements and obligations in connection with this Lease, Landlord requires various construction-related deliverables to be timely submitted by Tenant to Landlord (“Tenant Deliverables”) at designated times prior to, during and immediately following the construction The funding of the Improvements Improvement Allowance shall be made on a monthly basis or at other convenient intervals mutually approved by Landlord and Tenant, and Tenant hereby agrees to timely comply with in all other respects shall be based on such Tenant Deliverable obligations. The Tenant Deliverables commercially reasonable disbursement conditions and related procedures as Landlord reasonably may prescribe (which conditions may include, without limitation, delivery deadlines are set forth in this Work Letter and in Schedule 4 attached to this Work Letter and incorporated herein by this reference. Tenant shall deliver of invoices, architect’s certificates and/or other evidence reasonably satisfactory to Landlord all Tenant Deliverables in a timely fashion as such Tenant Deliverables are required pursuant to the timing set forth on Schedule 4 attached to this Work Letter. Prior to the commencement of construction of the Improvements, Tenant shall deliver all of the Tenant Deliverables set forth in Section 1 of Schedule 4 attached to this Work Letter (i.e., the “Prior to Start of Construction” category of Tenant Deliverables) to Landlord. Certain of the Tenant Deliverables set forth in Section 1 of Schedule 4 attached to this Work Letter are further addressed with more specific provisions in this Work Letter. Prior to and during that expenses have been incurred for the design and construction of alterations and improvements to the ImprovementsExpansion Premises, and delivery of conditional or unconditional lien releases from all parties performing the actual work). Notwithstanding the foregoing, (i) Landlord shall make monthly disbursements have no obligation to pay the Improvement Allowance to Tenant until after February 1, 2011, and (ii) any amount of the Improvement Allowance for that has not been allocated or disbursed on or before December 31, 2011, shall revert to Landlord and Tenant shall have no further rights thereto. Landlord shall not charge a supervisory or construction management fee relating to the Sublease Improvements, but Landlord shall be permitted to recover from Tenant or deduct from the Improvement Allowance Items Landlord’s actual out-of-pocket fees paid by Landlord to third party consultants or service providers which Landlord determines reasonably necessary to facilitate its review and approval of the Sublease Improvements. The Improvement Allowance shall authorize not be used by Tenant for moving or relocation expenses, furniture, fixtures or other personal property. Except as specifically set forth herein, Landlord shall not be obligated to provide or pay for any improvement work or services related to the release improvement of monies as follows:the Expansion Premises. Tenant shall not be required to remove the Sublease Improvements upon the expiration or earlier termination of the Lease.