Common use of Final Retention Clause in Contracts

Final Retention. Subject to the provisions of this Work Letter, a check for the Final Retention payable jointly to Tenant and Contractor shall be delivered by Landlord to Tenant provided the following conditions have been satisfied: (i) the construction of the Tenant Work has been completed, (ii)Tenant has delivered to Landlord properly executed mechanics lien releases in compliance with both California Civil Code Section 3262(d)(2) and either Section 3262(d)(3) or Section 3262(d)(4) from Tenant's Agents or any other person or entity entitled to file a mechanic's lien, (iii) Landlord has determined that no substandard work exists which adversely affects the mechanical, electrical, plumbing, heating, ventilating and air conditioning, life-safety or other systems of the Building, the curtain wall of the Building, the structure or exterior appearance of the Building, or any other tenant's use of such other tenant's leased premises in the Building, (iv) Tenant has delivered to Landlord a certificate of occupancy for the Premises, (v) Tenant has not done and has not permitted anything to be done that would affect the coverage of any performance or labor and material payment bonds required pursuant to Section 4(b) above, (vi) the information and documentation set forth on SCHEDULE 4 attached hereto, (vii) Tenant delivers to Landlord a certificate, in a form reasonably acceptable to Landlord, certifying that the construction of the Tenant Work in the Premises has been substantially completed, and (viii) Tenant has complied with all of the other terms of the Work Letter, including, without limitation, Section 7(b).

Final Retention. Subject to the provisions of this Work LetterLetter (including, without limitation, Section 4.3 below), a check for the Final Retention payable jointly to Tenant and Contractor shall be delivered by Landlord to Tenant following the completion of construction of the Improvements, provided the following conditions have been satisfied: that (i) the construction of the Tenant Work has been completed, (ii)Tenant has delivered delivers to Landlord properly executed mechanics lien releases in compliance with both California Civil Code Section 3262(d)(2) 8134 and either Section 3262(d)(3) or Section 3262(d)(4) 8138 from Tenant's Agents or ’s contractor, subcontractors and material suppliers and any other person or entity entitled to file a mechanic's lienparty which has lien rights in connection with the construction of the Improvements, (iiiii) Landlord Landlord, in Landlord’s reasonable good faith judgment, has determined that no substandard work exists which materially deviates from the “Approved Working Drawings”, as that term is defined in Section 3.4, below, materially adversely affects the mechanicalBuilding Systems, electrical, plumbing, heating, ventilating and air conditioning, life-safety or other systems the exterior walls of the Building, or the curtain wall of the Building, the structure Building Structure or exterior appearance of the Building, or Building (provided that Landlord will have thirty (30) days following Tenant’s request for the Final Rentetion in which to determine whether any other tenant's use such substandard work exists and notify Tenant of such other tenant's leased premises in the Buildingdetermination, failing which Landlord shall be deemed to have determined that no such substandard work exists), and (iv) Tenant has delivered to Landlord a certificate of occupancy for the Premises, (v) Tenant has not done and has not permitted anything to be done that would affect the coverage of any performance or labor and material payment bonds required pursuant to Section 4(b) above, (vi) the information and documentation set forth on SCHEDULE 4 attached hereto, (viiiii) Tenant delivers to Landlord a certificatecertificate issued by Architect, in a form reasonably acceptable to Landlord, certifying that the construction of the Tenant Work Improvements in the Premises has been substantially completed, and (viiiiv) Tenant has complied with all delivers to Landlord two (2) hard copies and one (1) electronic copy of the other terms of the Work Letter, including, without limitation, “Close-Out Package” (as that term is defined in Section 7(b4.3.3 below).

Final Retention. Subject to the provisions of this Work Letter, a check for the Final Retention payable jointly to Tenant and Contractor, or directly to Contractor at Landlord's sole discretion, shall be delivered by Landlord to Tenant provided within thirty (30) days following the following conditions have been satisfied: (i) the completion of construction of the Tenant Work has been completedImprovements, provided that (i) Tenant delivers to Landlord (a) paid invoices for all Tenant Improvements and related costs for which the Tenant Improvement Allowance is to be disbursed, (ii)Tenant has delivered to Landlord b) signed permits for all Tenant Improvements completed within the Premises, (c) properly executed unconditional mechanics lien releases in compliance with both California Civil Code Section 3262(d)(2) 8134 and either Section 3262(d)(3) 8136 or Section 3262(d)(4) 8138 from Tenant's Agents or contractor, subcontractors and material suppliers and any other person or entity entitled to file a mechanic's lienparty which has lien rights in connection with the construction of the Tenant Improvements, (iiiii) Landlord has determined that no substandard work exists which adversely affects the mechanical, electrical, plumbing, heating, ventilating and air conditioning, life-safety or other systems of the Building, the curtain wall of the Building, the structure or exterior appearance of the Building, or any other tenant's use of such other tenant's leased premises in the Building, (iviii) Tenant has delivered to Landlord a certificate of occupancy for the Premises, (v) Tenant has not done and has not permitted anything to be done that would affect the coverage of any performance or labor and material payment bonds required pursuant to Section 4(b) above, (vi) the information and documentation set forth on SCHEDULE 4 attached hereto, (vii) Tenant Architect delivers to Landlord a certificate"Certificate of Substantial Completion", in a form reasonably acceptable to Landlord, certifying that the construction of the Tenant Work Improvements in the Premises has been substantially completed, (iv) Tenant delivers to Landlord a "close-out package" in both paper and electronic forms (including, as-built drawings, and final record CADD files for the associated plans, warranties and guarantees from all contractors, subcontractors and material suppliers, and an independent air balance report); and (viiiv) a certificate of occupancy, a temporary certificate of occupancy or its equivalent is issued to Tenant has complied with all of for the other terms of the Work Letter, including, without limitation, Section 7(b)Premises.

Final Retention. Subject to the provisions of this Tenant Work Letter, a check for the Final Retention payable jointly to Tenant and Contractor shall be delivered by Landlord to Tenant following the completion of construction of the Expansion Space, provided the following conditions have been satisfied: that (i) the construction of the Tenant Work has been completed, (ii)Tenant has delivered delivers to Landlord properly executed and fully unconditional mechanics lien releases in compliance with both California Civil Code Section 3262(d)(2) and either Section 3262(d)(3) or Section 3262(d)(4) from Tenant's Agents or any other person or entity entitled to file a mechanic's lien), and (iiiii) Landlord has determined that no substandard work exists which adversely affects the mechanical, electrical, plumbing, heating, ventilating and air conditioning, life-safety or other systems of the Building, the curtain wall of the Building, the structure or exterior appearance of the Building, or any other tenant's ’s use of such other tenant's ’s leased premises in the Building, which determination shall be made promptly after the completion of construction, (iviii) Tenant has delivered to Landlord a certificate of occupancy or permit cards signed off by the City with respect to the Expansion Space; (iv) Tenant has delivered to the Office of the Building as-built plans and City-permitted plans for the Premises, Tenant Improvements; (v) Tenant has not done delivered to the Office of the Building operation manuals and has not permitted anything to be done that would affect warranties for equipment included within the coverage of any performance or labor Tenant Improvements, if applicable, and material payment bonds required pursuant to Section 4(b) above, (vi) the information and documentation set forth on SCHEDULE 4 attached hereto, (vii) Tenant delivers has delivered to Landlord a certificate, in a form reasonably acceptable to Landlord, certifying that the construction each of the general disbursement items referenced in Section 2.2.2.3 below. The check for the Final Retention shall be delivered by Landlord to Tenant Work in the Premises has been substantially completed, and within thirty (viii30) Tenant has complied with all days of the other terms satisfaction of the Work Letter, including, without limitation, Section 7(b)foregoing conditions.

Final Retention. Subject to the provisions of this Tenant Work Letter, a check for the Final Retention payable jointly to Tenant and Contractor and/or just Tenant where Tenant provided evidence reasonably satisfactory to Landlord that Tenant has paid such Contractor (or other supplier of services or goods) accompanied when appropriate by unconditional lien releases shall be delivered by Landlord to Tenant following the completion of construction of the Premises, provided the following conditions have been satisfied: that (i) the construction of the Tenant Work has been completed, (ii)Tenant has delivered delivers to Landlord properly executed mechanics lien releases in compliance with both California Civil Code Section 3262(d)(2) and either Section 3262(d)(3) or Section 3262(d)(4) from Tenant's Agents or any other person or entity entitled to file a mechanic's lien, and (iiiii) Landlord has determined that no substandard work exists which adversely affects the mechanical, electrical, plumbing, heating, ventilating and air conditioning, life-safety or other systems of the Building, the curtain wall of the Building, the structure or exterior appearance of the Building, or any other tenant's use of such other tenant's leased premises in the Building, (iv) Tenant has delivered to Landlord a certificate of occupancy for the Premises, (v) Tenant has not done and has not permitted anything to be done that would affect the coverage of any performance or labor and material payment bonds required pursuant to Section 4(b) above, (vi) the information and documentation set forth on SCHEDULE 4 attached hereto, (vii) Tenant Architect delivers to Landlord a certificate, in a form reasonably acceptable to Landlord, certifying that the construction of the Tenant Work Improvements in the Premises has been substantially completedcompleted and final lien releases are provided by Tenant; provided, and however, if Landlord has reasonably determined that substantial work exists which (viiia) Tenant has complied with all adversely affects the mechanical, electrical, plumbing, HVAC, life-safety or other systems of the other terms Building, the curtain wall of the Work LetterBuilding or the structure of the Building or (b) affects the exterior appearance of the Building, includingor (c) unreasonably interferes with any other tenant's use of such other tenant's leased premises in the Building, without limitation, Section 7(b)Landlord may withhold an amount sufficient to allow the appropriate corrective action to be taken to remedy the foregoing and shall pay such withheld amount to Tenant when the corrective action has been taken.

Final Retention. Subject to the provisions of this Tenant Work Letter, a check for the Final Retention (if applicable as described in the last sentence of Section 6.2.1 above) payable to Tenant (or, at Tenant’s option, jointly to Tenant and Contractor Tenant’s Agents) shall be delivered by Landlord to Tenant provided following the following conditions have been satisfied: (i) completion of the construction of the Refurbished Improvements, provided that (i) Tenant Work has been completed, (ii)Tenant has delivered delivers to Landlord properly executed mechanics unconditional mechanics’ lien releases in compliance with both California Civil Code Section 3262(d)(2) and either Section 3262(d)(3) or Section 3262(d)(4) from Tenant's Agents or any other person or entity entitled to file a mechanic's lien), (iiiii) Landlord has determined that no substandard work exists which adversely affects the mechanical, electrical, plumbing, heating, ventilating and air conditioning, life-safety or other systems of the Building, the curtain wall of the Building, the structure or exterior appearance of the Building, or any other tenant's ’s use of such other tenant's ’s leased premises in the Building, Building and (iv) Tenant has delivered to Landlord a certificate of occupancy for the Premises, (v) Tenant has not done and has not permitted anything to be done that would affect the coverage of any performance or labor and material payment bonds required pursuant to Section 4(b) above, (viiii) the information and documentation set forth on SCHEDULE 4 attached hereto, (vii) Tenant architect delivers to Landlord a certificate, in a form reasonably acceptable to Landlord, certifying that the construction of the Tenant Work Refurbished Improvements in the Premises has been substantially completed, and (viii) Tenant has complied with all of the other terms of the Work Letter, including, without limitation, Section 7(b).