Common use of Reimbursement Upon Full Completion Clause in Contracts

Reimbursement Upon Full Completion. Landlord shall upon the full completion of the work in question and within ten (10) business days after Landlord's receipt of Tenant's request therefor, remit the Reimbursement Amount to Tenant; provided, however, that, Landlord shall not be obligated to make such remittance unless: (i) Tenant's request for remittance shall be accompanied by (a) a certificate of Tenant (in form reasonably satisfactory to Landlord) stating that an amount at least equal to the Reimbursement Amount has been paid to contractors, subcontractors, materialmen, engineers, architects or other persons (whose names and addresses and a description of the work involved shall be stated) who have furnished labor, materials, supplies, permits or services for the work in question (collectively, "Contractors") and that to Tenant's best knowledge (after due inquiry) there is no outstanding indebtedness due for labor, materials, supplies, permits or services in any manner connected with the work in question which if unpaid might be the basis for any type of lien on the Demised Premises or any part thereof, and (b) a certificate of the architect or engineer who prepared the related Plans and Specifications (in form reasonably satisfactory to Landlord) stating that such work has been fully completed in a good and workmanlike manner and in accordance with the Plans and Specifications (as approved by Landlord or as determined by the Appropriate Engineer, as the case may be provided that in no circumstance shall Tenant forfeit any reimbursement hereunder if it has failed to submit Plans and Specifications, but Tenant shall be liable to alter or correct any work as to which Landlord would have had the right to reasonably disapprove); (ii) Landlord shall have received (a) true copies of all bills paid by Tenant to Contractors in connection with the work in question, (b) an instrument in writing from any title company insuring Landlord's estate in the Demised Premises certifying that there are no undischarged mechanics', laborers' or materialmen's liens affecting any part of the Demised Premises, and (c) evidence reasonably satisfactory to Landlord that Tenant has obtained waivers of mechanics', laborers' or materialmen's liens or releases of such liens from all Contractors engaged in the work in question; (iii) no certificate delivered to Landlord by Tenant or any architect or engineer in connection with the work in question shall have been materially incorrect at the time of delivery (any dispute pursuant to this clause (iii) to be determined by the Appropriate Engineer); and (iv) no Material Monetary Default shall have occurred and be continuing.

Appears in 1 contract

Sources: Lease (Credit Suisse First Boston Usa Inc)

Reimbursement Upon Full Completion. Except in the case of a Reimbursable Alteration in respect of which an Extended Completion Notice has been given, Landlord shall upon the full completion of the work in question and within ten (10) business 30 days after Landlord's receipt of Tenant's request therefor, therefor remit the Reimbursement Amount to Tenant; provided, however, that, that Landlord shall not be obligated to make such remittance unless: (i) Tenant's request for remittance shall be accompanied by (aA) a certificate of Tenant (in form reasonably satisfactory to Landlord) stating that an amount at least equal to the Reimbursement Amount has been paid to contractors, subcontractors, materialmen, engineers, architects or other persons (whose names and addresses and a description of the work involved shall be stated) who have furnished labor, materials, supplies, permits or services for the work in question (collectively, "Contractors") and that to Tenant's best knowledge (after due inquiry) there is no outstanding indebtedness due for labor, materials, supplies, permits or services in any manner connected with the work in question which if unpaid might be the basis for any type of lien on the Demised Leased Premises or any part thereof, and (bB) a certificate of the architect or engineer who prepared the related Plans and Specifications (in form reasonably -28- 39 satisfactory to Landlord) stating that such work has been fully completed in a good and workmanlike manner and in accordance with the Plans and Specifications (as approved by Landlord or as determined by the Appropriate Engineer, as the case may Engineer to have been required to be provided that in no circumstance shall Tenant forfeit any reimbursement hereunder if it has failed approved by Landlord pursuant to submit Plans and Specifications, but Tenant shall be liable to alter or correct any work as to which Landlord would have had the right to reasonably disapprovethis Lease); (ii) Landlord shall have received (aA) true copies of all bills paid by Tenant to Contractors in connection with the work in question, (bB) an instrument in writing from any title company insuring Landlord's estate in the Demised Premises Project certifying that there are no undischarged mechanics', laborers' or materialmen's liens affecting any part of the Demised PremisesProject (other than liens, and (cif any, in respect of which Landlord has consented to take security pursuant to Article 13(a)(ii)) evidence reasonably satisfactory to Landlord that Tenant has obtained waivers of mechanics', laborers' or materialmen's liens or releases of such liens from all Contractors engaged in the work in question;and (iii) no certificate delivered to Landlord by Tenant or any architect or engineer in connection with the work in question shall have been materially incorrect at the time Event of delivery (any dispute pursuant to this clause (iii) to be determined by the Appropriate Engineer); and (iv) no Material Monetary Default shall have occurred and be continuing.

Appears in 1 contract

Sources: Lease (Goldman Sachs Group Inc)

Reimbursement Upon Full Completion. Landlord shall upon the full completion of the work in question and within ten (10) business days after Landlord's receipt of Tenant's request therefor, remit the Reimbursement Amount to Tenant; provided, however, that, Landlord shall not be obligated to make such remittance unless: (i) Tenant's request for remittance shall be accompanied by (a) a certificate of Tenant (in form reasonably satisfactory to Landlord) stating that an amount at least equal to the Reimbursement Amount has been paid to contractors, subcontractors, materialmen, engineers, architects or other persons (whose names and addresses and a description of the work involved shall be stated) who have furnished labor, materials, supplies, permits or services for the work in question (collectively, "Contractors") and that to Tenant's best knowledge (after due inquiry) there is no outstanding indebtedness due for labor, materials, supplies, permits or services in any manner connected with the work in question which if unpaid might be the basis for any type of lien on the Demised Premises Building or any part thereof, and (b) a certificate of the architect or engineer who prepared the related Plans and Specifications (in form reasonably satisfactory to Landlord) stating that such work has been fully completed in a good and workmanlike manner and in accordance with the Plans and Specifications (as approved by Landlord or as determined by the Appropriate Engineer, as the case may be provided that in no circumstance shall Tenant forfeit any reimbursement hereunder if it has failed to submit Plans and Specifications, but Tenant shall be liable to alter or correct any work as to which Landlord would have had the right to reasonably disapprove); (ii) Landlord shall have received (a) true copies of all bills paid by Tenant to Contractors in connection with the work in question, (b) an instrument in writing from any title company insuring Landlord's estate in the Demised Premises Building certifying that there are no undischarged mechanics', laborers' or materialmen's liens relating to the work in question affecting any part of the Demised PremisesBuilding, and (c) evidence reasonably satisfactory to Landlord that Tenant has obtained waivers of mechanics', laborers' or materialmen's liens or releases of such liens from all Contractors engaged in the work in question; (iii) no certificate delivered to Landlord by Tenant or any architect or engineer in connection with the work in question shall have been materially incorrect at the time of delivery (any dispute pursuant to this clause (iii) to be determined by the Appropriate Engineer); and (iv) no Material Monetary Default shall have occurred and be continuing.

Appears in 1 contract

Sources: Lease Agreement (Credit Suisse First Boston Usa Inc)