Disbursement of Refurbishment Allowance. Provided that Tenant is not in default on any of its obligations under the Lease (as modified by this First Amendment) beyond any applicable notice and cure periods, upon completion of the Refurbished Improvements, Landlord shall make a disbursement of the Refurbishment Allowance for Refurbishment Allowance Items for the benefit of Tenant and shall authorize the release of monies for the benefit of Tenant as follows.
Disbursement of Refurbishment Allowance. Provided that no Event of Default by Tenant is then continuing under the Lease, as amended herein, Landlord shall make disbursements of the Refurbishment Allowance for Refurbishment Allowance Items for the benefit of Tenant and shall authorize the release of monies for the benefit of Tenant as follows.
Disbursement of Refurbishment Allowance. During the construction of the Refurbished Improvements, but not prior to April 8, 2005, Landlord shall make monthly disbursements of the Refurbishment Allowance for Refurbishment Allowance Items as follows:
Disbursement of Refurbishment Allowance. Except as otherwise provided in Section 5.2(c) below, Landlord shall disburse the Refurbishment Allowance to pay for the costs of the design, construction, acquisition and installation of the Refurbishment Work (collectively, the "Refurbishment Costs") on a progress payment basis during the course of the design and construction of the Refurbishment Work in accordance with Landlord's standard draw cycle and disbursement procedures and requirements (which procedures and requirements include, without limitation, Landlord's receipt of requests for payment and invoices from the architects, engineers, contractors, subcontractors and other persons or entities performing the Refurbishment Work and executed mechanics' lien releases from all such persons and entities, all as reasonably satisfactory to Landlord), but only after Tenant has paid to Landlord all Refurbishment Costs which exceed the Refurbishment Allowance (collectively, the "Excess Refurbishment Costs"). Tenant shall be solely responsible for all such Excess Refurbishment Costs. Such Excess Refurbishment Costs, if any, may be estimated by Landlord from time to time prior to and/or during the design, construction, acquisition and installation of the Refurbishment Work, and Tenant shall pay such Excess Refurbishment Costs (as so estimated by Landlord) to Landlord within ten (10) days after Tenant's receipt of written invoice therefor. Following completion of the Refurbishment Work, Landlord shall provide Tenant with a reconciliation of the total Refurbishment Costs as compared to [Type here] the Excess Refurbishment Costs and the estimates of the Excess Refurbishment Costs previously paid by Tenant, and Tenant shall pay to Landlord any underpayment of Excess Refurbishment Costs made by Tenant, or Landlord shall reimburse to Tenant any overpayment of Excess Refurbishment Costs made by Tenant, as the case may be, within thirty (30) days after Landlord's delivery of such reconciliation. In no event shall Landlord be obligated to make disbursements pursuant to this Section 5.2(b) in a total amount which exceeds the Refurbishment Allowance.
Disbursement of Refurbishment Allowance. Following the completion of any particular Refurbishment Alterations, Landlord shall make a disbursement of the applicable portion of the Refurbishment Allowance for Refurbishment Alterations Allowance Items for the benefit of Tenant and shall authorize the release of monies for the benefit of Tenant as follows.
Disbursement of Refurbishment Allowance. In no event shall Landlord be obligated to make disbursements pursuant to this Section 8 in a total amount which exceeds the Refurbishment Allowance. In addition, Landlord shall have no obligation to disburse (i) any portion of the Refurbishment Allowance with respect to any Refurbishment Work that is performed prior to or after the Refurbishment Period, and/or (ii) any portion of the Refurbishment Allowance with respect to any Refurbishment Work Draw Documents delivered by Tenant prior to or after the Refurbishment Period. Tenant shall not be entitled to receive any portion of the Refurbishment Allowance that is not used to pay for the Refurbishment Costs of the Refurbishment Work incurred during the Refurbishment Period, and any such unused amounts of the Refurbishment Allowance as of the end of the Refurbishment Period shall revert to Landlord and Tenant shall have no further rights with respect thereto.
Disbursement of Refurbishment Allowance. Provided that no Event of Default exists, from and after the Renewal Term Commencement Date and upon completion of the Refurbished Improvements, provided that Tenant submits a request for disbursement of the Refurbishment Allowance satisfying the requirements of this Section 11.2 on or before December 31, 2012 (the “Outside Date”), Landlord shall make disbursements of the Refurbishment Allowance for the Refurbishment Allowance Items for the benefit of Tenant and shall authorize the release of monies for the benefit of Tenant as follows.
Disbursement of Refurbishment Allowance. Provided that Tenant is not then in default under the Lease (as amended herein) beyond the expiration of applicable notice and cure periods, upon completion of the Refurbished Improvements, Landlord shall make a disbursement of the Refurbishment Allowance for the Refurbished Improvements to Tenant as follows:
Disbursement of Refurbishment Allowance. Landlord shall disburse the Refurbishment Allowance to help Tenant pay for the costs of the design, construction, acquisition and installation of the Refurbishment Work actually incurred by Tenant (collectively, the “Refurbishment Costs”) during the applicable Refurbishment Allowance Availability Period, which Refurbishment Costs shall include a construction supervision and management fee payable to Landlord in an amount equal to three and one-half percent (3.5%) of the total Refurbishment Costs (the “CM Fee”); provided, however, no CM Fee shall be charged by Landlord as part of the Refurbishment Costs or otherwise if Legacy Partners CDS, Inc. is retained as the Contractor. Disbursements from the Refurbishment Allowance shall be made pursuant to this Section 7.3(b) on a progress payment basis as the Refurbishment Costs are incurred for the Refurbishment
Disbursement of Refurbishment Allowance. During the construction of the Refurbishment, Landlord shall make monthly disbursements of the Refurbishment Allowance for Refurbishment Allowance Items and shall authorize the release of monies as follows.
