Common use of Advance Requests Clause in Contracts

Advance Requests. Upon submission by Tenant to Landlord of (a) a statement (an “Advance Request”) setting forth the total amount of the TI Allowance requested, (b) a summary of the TIs performed using AIA standard form Application for Payment (G 702) executed by the general contractor and by the architect, (c) invoices from the general contractor, the architect, and any subcontractors, material suppliers and other parties requesting payment with respect to the amount of the TI Allowance then being requested, (d) unconditional lien releases from the general contractor and each subcontractor and material supplier with respect to previous payments made by either Landlord or Tenant for the TIs in a form acceptable to Landlord and complying with Applicable Laws and (e) conditional lien releases from the general contractor and each subcontractor and material supplier with respect to the TIs performed that correspond to the Advance Request each in a form acceptable to Landlord and complying with Applicable Laws, then Landlord shall, within fifteen (15) days following receipt by Landlord of an Advance Request and the accompanying materials required by this Section, pay to the applicable contractors, subcontractors and material suppliers or to Tenant (for reimbursement for payments made by Tenant prior to Landlord’s approval of the Approved Budget to such contractors, subcontractors or material suppliers), as elected by Tenant, the amount of TI costs set forth in such Advance Request; provided, however, that Landlord shall not be obligated to make any payments under this Section until the budget for the TIs is approved in accordance with Section 6.2 above, and any Advance Request under this Section shall be subject to the payment limits set forth in Section 6.2 above and Section 4 of the Amendment.

Advance Requests. Upon submission by Tenant to Landlord of (a) a statement (an “Advance Request”) setting forth the total amount of the TI Allowance requested, (b) a summary of the TIs Tenant Improvements performed using AIA standard form Application for Payment (G 702) executed by the general contractor and by the architect, (c) invoices from the general contractor, the architect, and any subcontractors, material suppliers and other parties requesting payment with respect to the amount of the TI Allowance then being requested, (d) unconditional lien releases from the general contractor and each subcontractor and material supplier (other than any subcontractors and material suppliers providing services or material costing less than One Thousand Dollars ($1,000) with respect to previous payments made by either Landlord or Tenant for the TIs Tenant Improvements in a form acceptable to Landlord and complying with Applicable Laws and (e) conditional lien releases from the general contractor and each subcontractor and material supplier with respect to the TIs Tenant Improvements performed that correspond to the Advance Request Request, each in a form acceptable to Landlord and complying with Applicable Laws, then Landlord shall, within fifteen twenty (1520) days following receipt by Landlord of an Advance Request and the accompanying materials required by this Section, pay to the applicable contractors, subcontractors and material suppliers or to Tenant (for reimbursement for payments made by Tenant prior to Landlord’s approval of the Approved Budget to such contractors, subcontractors or material suppliers), as elected by TenantLandlord, the amount of TI Tenant Improvement costs set forth in such Advance Request; provided, however, that Landlord shall not be obligated to make any payments under this Section until the budget for the TIs Tenant Improvements is approved in accordance with Section 6.2 above, and any Advance Request under this Section shall be subject to the payment limits set forth in Section 6.2 above and Section Article 4 of the AmendmentLease.

Advance Requests. Upon submission by Tenant In order to Landlord of request an Advance under a Development Loan, Borrower shall furnish to Lender, all in form and substance acceptable to Lender, at least two (a2) a statement Business Days prior to the requested Advance (or at such later date as may be acceptable to Lender in its sole discretion): (A) Borrower’s request therefor (each an “Advance Request”) setting forth in the total form reasonably acceptable to Lender and otherwise in accordance with the terms and conditions of this Agreement, (B) all Development Asset Agreements applicable to the Development Assets to which the Advance Request relates, and (C) all such other documents, instruments, and agreements reasonably requested by Lender in connection with any of the foregoing. The amount of the TI Allowance requested, Advance requested in the Advance Request shall not exceed: (bI) a summary of the TIs performed using AIA standard form Application for Payment (G 702) executed by the general contractor and by the architect, (c) invoices from the general contractor, the architect, and any subcontractors, material suppliers and other parties requesting payment with respect to any Advance, the amount Development Loan Advance Rate multiplied by the Eligible Costs of the TI Allowance specific Development Assets, as set forth in the Budget to which the Advance Request relates, or (II) together with all prior Advances previously made by Lender to Borrower under the applicable Development Loan, the then being requestedapplicable Development Loan Amount. Each such Advance Request shall be deemed to be Borrower’s request that Lender, (d) unconditional lien releases and irrevocable authorization to Lender to, disburse the funds requested by such Advance Request from the general contractor proceeds of the applicable Development Loan in accordance with this Agreement and each subcontractor such Advance Request. Under no circumstances shall Lender be responsible or liable to any Person, for or on account of any disbursement of, or failure to disburse, any Advance or any part thereof, and material supplier no such Person shall have any right or claim against Lender under this Agreement or in connection with the administration of the Development Line of Credit or any Development Loan (provided that the foregoing shall not relieve Lender of its express obligations to Borrower pursuant to, and subject to the terms and conditions of, the Loan Documents). To the extent that Lender may acquiesce (whether intentionally or unintentionally) in Borrower’s failure to comply with and satisfy any condition precedent to any Advance, such acquiescence shall not constitute a waiver by Lender of any condition precedent set forth in this Agreement or any other Loan Document with respect to previous payments made any other Advance requested by either Landlord or Tenant for Borrower, and Lender at any time thereafter may require Borrower to comply with and satisfy all conditions and requirements of this Agreement and the TIs in a form acceptable to Landlord and complying with Applicable Laws and (e) conditional lien releases from the general contractor and each subcontractor and material supplier other Loan Documents, as applicable, with respect to any such Advance requested by Borrower. Borrower may write checks on the TIs performed that correspond applicable Special Account to pay for items on the Advance Request each Schedule of Ineligible Costs as and when such items are incurred as set forth on the Budget for the respective Development Project. Upon Lender’s request from time to time, Borrower shall provide Lender a written accounting of Ineligible Costs incurred and paid for from the applicable Special Account, along with such invoices and receipts as Lender reasonably requests. To the extent any funds remain in a form acceptable to Landlord and complying with Applicable Lawsthe applicable Special Account after the applicable Development Project is completed, then Landlord shall, within fifteen (15) days following receipt by Landlord of an Advance Request and the accompanying materials required by this Section, pay Lender may apply such remaining funds to the applicable contractorsDevelopment Loan. Business Capital Form – January, subcontractors and material suppliers or to Tenant (for reimbursement for payments made by Tenant prior to Landlord’s approval of the Approved Budget to such contractors, subcontractors or material suppliers), as elected by Tenant, the amount of TI costs set forth in such Advance Request; provided, however, that Landlord shall not be obligated to make any payments under this Section until the budget for the TIs is approved in accordance with Section 6.2 above, and any Advance Request under this Section shall be subject to the payment limits set forth in Section 6.2 above and Section 4 of the Amendment.2017 Loan Agreement – Single Borrower

Advance Requests. Upon submission by Tenant Subject to Landlord of (a) a statement (an “Advance Request”) setting forth the total amount compliance with all of the TI Allowance requestedconditions of this Agreement and the remaining Loan Documents, (b) a summary Lender shall, at its sole and absolute discretion, make Advances of the TIs performed using AIA standard form Application for Payment (G 702) executed by the general contractor and by the architect, (c) invoices Loan funds from the general contractor, Call Center Proceeds to Borrower as requested by Borrower in accordance with the architect, and provisions of this Agreement. Borrower may require the disbursement of all or any subcontractors, material suppliers and other parties requesting payment with respect to part of the amount of the TI Allowance then being requested, (d) unconditional lien releases from Call Center Proceeds at any time before the general contractor and each subcontractor and material supplier with respect Maturity Date unless an Enforcement Event has occurred. Each Advance Request must be made pursuant to previous payments made by either Landlord or Tenant for an Advance Request form substantially in the TIs in a form acceptable to Landlord and complying with Applicable Laws and (e) conditional lien releases from the general contractor and each subcontractor and material supplier with respect to the TIs performed that correspond to of the Advance Request form attached hereto as Exhibit "C", and must be signed by a properly authorized official of the Borrower. Prior evidence of such authority, satisfactory to Lender in its sole discretion, must be made available to Lender. In addition, each in a form acceptable to Landlord and complying with Applicable Laws, then Landlord shall, within fifteen (15) days following receipt by Landlord of an Advance Request and the accompanying materials required by this Section, pay to the applicable contractors, subcontractors and material suppliers or to Tenant (for reimbursement for payments made by Tenant prior to Landlord’s approval of the Approved Budget to such contractors, subcontractors or material suppliers), as elected by Tenant, i) shall specify the amount of TI costs set forth in the Advance requested and contain instructions for its disbursement, (ii) shall attach such Advance Request; providedsupporting documentation as is reasonably requested by Lender from time to time, however, and (iii) shall certify that Landlord Borrower shall not use the funds to be obligated disbursed to make any payments under this Section until the budget it by Lender exclusively for the TIs is approved in accordance with Section 6.2 above, and any Advance Request under this Section shall be subject to the payment limits purposes set forth in Section 6.2 above 2.2(b) of this Agreement. Furthermore, each Advance Request shall be irrevocable and Section 4 binding on Borrower and shall be delivered to Lender by telecopier or telex, confirmed immediately in writing by courier. Lender shall not be required to disburse Advances during the existence of any Enforcement Event, and shall not be required to approve any Advance Request for an amount less than US$50,000. All Advance Requests must be supported by a certificate from Borrower stating that the Amendmentamounts requested have been spent or incurred, accompanied by paid invoices, canceled checks, receipts or other proof of payment satisfactory to Lender with respect to all costs covered by the previous Advance Requests, and any other document that Lender may reasonably request.

Advance Requests. Upon submission by Tenant to Landlord of (a) a statement (an “Advance Request”) setting forth the total amount of the TI Allowance requested, (b) a summary of the TIs Tenant Improvements performed using AIA standard form Application for Payment (G 702) executed by the general contractor and by the architect, (c) invoices from the general contractor, the architect, and any subcontractors, material suppliers and other parties requesting payment with respect to the amount of the TI Allowance then being requested, (d) unconditional lien releases from the general contractor and each subcontractor and material supplier with respect to previous payments made by either Landlord or Tenant for the TIs Tenant Improvements in a form acceptable to Landlord and complying with Applicable Laws and (ed) conditional lien releases from the general contractor and each subcontractor and material supplier with respect to the TIs Tenant Improvements performed that correspond to the Advance Request each in a form acceptable to Landlord and complying with Applicable Laws, then Landlord shall, within fifteen thirty (1530) days following receipt by Landlord of an Advance Request and the accompanying materials required by this Section, pay to the applicable contractors, subcontractors and material suppliers or to Tenant (for reimbursement for payments made by Tenant prior to Landlord’s approval of the Approved Budget to such contractors, subcontractors or material suppliers), as elected by TenantLandlord, the amount of TI Tenant Improvement costs set forth in such Advance Request; provided, however, that Landlord shall not be obligated to make any payments under this Section until the budget for the TIs Tenant Improvements is approved in accordance with Section 6.2 above, and any Advance Request under this Section shall be subject to the payment limits set forth in Section 6.2 above and Section Article 4 of the AmendmentLease.

Advance Requests. Upon submission by Tenant to Landlord of (a) a statement (an “Advance Request”) setting forth the total amount of the TI Allowance requested, (b) a summary of the TIs Tenant Improvements performed using AIA standard form Application for Payment (G 702) executed by the general contractor and by the architect, (c) invoices from the general contractor, the architect, and any subcontractors, material suppliers and other parties requesting payment with respect to the amount of the TI Allowance then being requested, requested and (d) unconditional lien releases from the general contractor and each subcontractor and material supplier with respect to previous payments made by either Landlord or Tenant for the TIs in a form acceptable to Landlord and complying with Applicable Laws and (e) conditional lien releases from the general contractor and each subcontractor subcontractor, professional service provider and material supplier with respect to the TIs Tenant Improvements performed that correspond to the Advance Request Request, each in a form acceptable to Landlord and complying with Applicable Laws, then Landlord shall, within fifteen thirty (1530) days following receipt by Landlord of an Advance Request and the accompanying materials required by this Section, pay to the applicable contractors, subcontractors and material suppliers or to Tenant (for reimbursement for payments made by Tenant prior to Landlord’s approval of the Approved Budget to such contractors, subcontractors or material suppliers), as elected by TenantLandlord, the amount of TI Tenant Improvement costs set forth in such Advance Request; provided, however, that Landlord shall not be obligated to make any payments under this Section until the budget for the TIs Tenant Improvements is approved in accordance with Section 6.2 above, and any Advance Request under this Section shall be subject to the payment limits set forth in Section 6.2 above and Section Article 4 of the AmendmentLease. Notwithstanding the foregoing, Landlord shall either pay or reimburse Tenant, as applicable, for the costs and expenses set forth in Subsection 4.2(s) of the Lease, in accordance with that Subsection, within fifteen (15) days after Tenant’s submission to Landlord of invoices or receipts, as applicable, reasonably acceptable to Landlord for such items. Additionally, within fifteen (15) days after any final payment to any applicable contractor, subcontractor, professional service provider or material supplier, Tenant shall deliver to Landlord an unconditional waiver and release of lien upon payment from such contractor, subcontractor, professional service provider or material supplier in a form acceptable to Landlord and complying with Applicable Laws.

Advance Requests. Upon submission by Tenant to Landlord of (a) a statement (an “Advance Request”) setting forth the total amount of the TI Allowance requested, (b) a summary of the TIs Tenant Improvements performed using AIA standard form Application for Payment (G 702) executed by the general contractor and by the architect, (c) invoices from the general contractor, the architect, and any subcontractors, material suppliers and other parties requesting payment with respect to the amount of the TI Allowance then being requested, (d) unconditional conditional lien releases from the general contractor and each subcontractor and material supplier with respect to previous payments made by either Landlord or Tenant for the TIs in a form acceptable to Landlord and complying with Applicable Laws Tenant Improvements and (ed) conditional lien releases from the general contractor and each subcontractor and material supplier with respect to the TIs Tenant Improvements performed that correspond to the Advance Request each in a form acceptable to Landlord and complying with Applicable LawsRequest, then Landlord shall, within fifteen thirty (1530) days following receipt by Landlord of an Advance Request and the accompanying materials required by this Section, pay to the applicable contractors, subcontractors and material suppliers or to Tenant (for reimbursement for payments made by Tenant prior to Landlord’s approval of the Approved Budget to such contractors, subcontractors or material suppliers), as elected by TenantLandlord, the amount of TI Tenant Improvement costs set forth in such Advance Request; provided, however, that Landlord shall not be obligated to make any payments under this Section until the budget for the TIs Tenant Improvements is approved in accordance with Section 6.2 above, and any Advance Request under this Section shall be subject to the payment limits set forth in Section 6.2 above and Section Article 4 of the AmendmentLease.