Common use of Final Retention Clause in Contracts

Final Retention. Subject to the provisions of this Work Letter (including, without limitation, Section 4.3 below), a check for the Final Retention payable to Tenant shall be delivered by Landlord to Tenant following the completion of construction of the Improvements in the applicable Phase, provided that (i) Tenant delivers to Landlord properly executed mechanics lien releases in compliance with both California Civil Code Section 8134 and Section 8138 from Tenant’s contractor, subcontractors and material suppliers and any other party which has lien rights in connection with the construction of such Improvements, (ii) 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 Building Systems, the exterior walls of any Building, or the Building Structure or exterior appearance of any Building (provided that Landlord will have thirty (30) days following Tenant’s request for the Final Retention in which to determine whether any such substandard work exists and notify Tenant of such determination, failing which Landlord shall be deemed to have determined that no such substandard work exists), and (iii) Tenant delivers to Landlord a certificate issued by Architect, in a form reasonably acceptable to Landlord, certifying that the construction of the Improvements in the Premises has been substantially completed, (iv) Tenant delivers to Landlord two (2) hard copies and one (1) electronic copy of the “Close-Out Package” (as that term is defined in Section 4.3.3 below), and (v) Tenant delivers to Landlord all of the Tenant Deliverables set forth in Section 4 of the List of Tenant Deliverables (i.e., the “Prior to Release of Final Payment” category of Tenant Deliverables), to the extent such items are not mentioned in clauses (i) through (iv) of this Section 2.2.2.2.

Final Retention. Subject to the provisions of this Work Letter (including, without limitation, Section 4.3 below), a check for the Final Retention payable to Tenant shall be delivered by Landlord to Tenant following the completion of construction of the Improvements in the applicable PhaseImprovements, provided that (i) Tenant delivers to Landlord properly executed mechanics lien releases in compliance with both California Civil Code Section 8134 and Section 8138 from Tenant’s contractor, subcontractors and material suppliers and any other party which has lien rights in connection with the construction of such the Improvements, (ii) 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 Building Systems, the exterior walls of any the Building, or the Building Structure or exterior appearance of any the Building (provided that Landlord will have thirty (30) days following Tenant’s request for the Final Retention Rentetion in which to determine whether any such substandard work exists and notify Tenant of such determination, failing which Landlord shall be deemed to have determined that no such substandard work exists), and (iii) Tenant delivers to Landlord a certificate issued by Architect, in a form reasonably acceptable to Landlord, certifying that the construction of the Improvements in the Premises has been substantially completed, and (iv) Tenant delivers to Landlord two (2) hard copies and one (1) electronic copy of the “Close-Out Package” (as that term is defined in Section 4.3.3 below), and (v) Tenant delivers to Landlord all of the Tenant Deliverables set forth in Section 4 of the List of Tenant Deliverables (i.e., the “Prior to Release of Final Payment” category of Tenant Deliverables), to the extent such items are not mentioned in clauses (i) through (iv) of this Section 2.2.2.2.

Final Retention. Subject to the provisions of this Work Letter (including, without limitation, Section 4.3 below)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 completion of construction of the Improvements in the applicable PhaseTenant Work has been completed, provided that (i) Tenant delivers ii)Tenant has delivered to Landlord properly executed mechanics lien releases in compliance with both California Civil Code Section 8134 3262(d)(2) and either Section 8138 3262(d)(3) or Section 3262(d)(4) from Tenant’s contractor, subcontractors and material suppliers and 's Agents or any other party which has lien rights in connection with the construction of such Improvementsperson or entity entitled to file a mechanic's lien, (iiiii) Landlord, in Landlord’s reasonable good faith judgment, Landlord 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 Building Systemsmechanical, electrical, plumbing, heating, ventilating and air conditioning, life-safety or other systems of the Building, the exterior walls curtain wall of any the Building, or the Building Structure structure or exterior appearance of the Building, or any Building other tenant's use of such other tenant's leased premises in the Building, (provided that iv) Tenant has delivered to Landlord will have thirty (30) days following Tenant’s request a certificate of occupancy for the Final Retention in which Premises, (v) Tenant has not done and has not permitted anything to determine whether be done that would affect the coverage of any such substandard work exists performance or labor and notify Tenant of such determinationmaterial payment bonds required pursuant to Section 4(b) above, failing which Landlord shall be deemed to have determined that no such substandard work exists)(vi) the information and documentation set forth on SCHEDULE 4 attached hereto, and (iiivii) Tenant delivers to Landlord a certificate issued by Architectcertificate, in a form reasonably acceptable to Landlord, certifying that the construction of the Improvements Tenant Work in the Premises has been substantially completed, and (ivviii) Tenant delivers to Landlord two (2) hard copies and one (1) electronic copy of the “Close-Out Package” (as that term is defined in Section 4.3.3 below), and (v) Tenant delivers to Landlord has complied with all of the Tenant Deliverables set forth in Section 4 other terms of the List of Tenant Deliverables (i.e.Work Letter, the “Prior to Release of Final Payment” category of Tenant Deliverablesincluding, without limitation, Section 7(b), to the extent such items are not mentioned in clauses (i) through (iv) of this Section 2.2.2.2.

Final Retention. Subject to the provisions of this Work Letter (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 in the applicable PhaseImprovements, provided that (i) Tenant delivers to Landlord properly executed mechanics lien releases in compliance with both California Civil Code Section 8134 and Section 8138 from Tenant’s 's contractor, subcontractors and material suppliers and any other party which has lien rights in connection with the construction of such the Improvements, (ii) Landlord, in Landlord’s '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 Building Systems, the exterior walls of any the Building, or the Building Structure or exterior appearance of any the Building (provided that Landlord will have thirty (30) days following Tenant’s 's request for the Final Retention in which to determine whether any such substandard work exists and notify Tenant of such determination, failing which Landlord shall be deemed to have determined that no such substandard work exists), and (iii) Tenant delivers to Landlord a certificate issued by Architect, in a form reasonably acceptable to Landlord, certifying that the construction of the Improvements in the Premises has been substantially completed, (iv) Tenant delivers to Landlord two (2) hard copies and one (1) electronic copy of the “"Close-Out Package” " (as that term is defined in Section 4.3.3 below), ; and (v) Tenant delivers to Landlord all of the Tenant Deliverables set forth in Section 4 of the List of Tenant Deliverables (i.e., the “"Prior to Release of Final Payment” " category of Tenant Deliverables), to the extent such items are not mentioned in clauses (i) through (iv) of this Section 2.2.2.2.

Final Retention. Subject to the provisions of this Tenant Work Letter (including, without limitation, Section 4.3 below)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 Improvements in the applicable PhasePremises, provided that (i) Tenant delivers to Landlord properly executed mechanics lien releases in compliance with both California Civil Code Section 8134 3262(d)(2) and either Section 8138 from Tenant’s contractor, subcontractors 3262(d)(3) or Section 3262(d)(4) and material suppliers and any other party which has lien rights in connection with the construction of such Improvements, (ii) 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 Building Systems, the exterior walls of any Building, or the Building Structure or exterior appearance of any Building (provided that Landlord will have thirty (30) days following Tenant’s request for the Final Retention in which to determine whether any such substandard work exists and notify Tenant of such determination, failing which Landlord shall be deemed to have determined that no such substandard work exists), and (iii) Tenant Architect delivers to Landlord a certificate issued by Architectcertificate, in a form reasonably acceptable to Landlord, certifying that the construction of the Tenant Improvements in the Premises has been substantially completedcompleted and final lien releases are provided by Tenant; provided, however, if Landlord has reasonably determined that substantial work exists which (iva) Tenant delivers to Landlord two (2) hard copies and one (1) electronic copy adversely affects the mechanical, electrical, plumbing, HVAC, life-safety or other systems of the “Close-Out Package” (as that term is defined in Section 4.3.3 below)Building, and (v) Tenant delivers to Landlord all the curtain wall of the Tenant Deliverables set forth in Section 4 Building or the structure of the List Building or (b) affects the exterior appearance of the Building, or (c) unreasonably interferes with any other tenant's use of such other tenant's leased premises in the Building, 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 Deliverables (i.e., when the “Prior to Release of Final Payment” category of Tenant Deliverables), to the extent such items are not mentioned in clauses (i) through (iv) of this Section 2.2.2.2corrective action has been taken.