99106375 - Laserfiche WebLink

Browse

�, a 99 10 � 375 thereto. In addition, Tenant shall have the right at any time, as a condition to payment of its proportionate share of any monthly progress payment, to require proof of payment of Landlord's proportionate share of all amounts currently due and owing to the Site Contractor, together with lien releases from the Site Contractor and any materialmen or subcontractors who have filed liens, for whom payment is requested or to whom payment has been made. Anything in this Article 9 to the contrary notwithstanding, Tenant shall have the right to make payment of its proportionate share of any monthly progress payment jointly to Landlord and the Site Contractor. The execution of any Application and Certificate for Payment by Tenant, the payment of any sum (or any part thereo fl specified therein, or the use or occupancy of all or any portion of the site improvements described herein shall not constitute a waiver of any rights or claims which Tenant may have pursuant to this Development Agreement including, without limitation, any claim for failure of the Phase 1 Site Work to conform to the Construction Documents or with the requirements of all governmental bodies having jurisdiction. In the event all or any portion of the Phase 1 Site Work costs are reimbursed to Landlord by any public or private utility or governmental authority, Landlord shall pay Tenant its proportionate share of any such reimbursement within thirty (30) days after Landlord's receipt of same. 9.3 All billings for the Center Pylon Sign Costs shall be processed in accordance with procedures set forth in Section 9.2 above, provided, however, that (a) such costs shall be billed only to those parties responsible for such costs pursuant to Section 4.3 of the Declaration, and (b) the proportionate share of such costs to be borne by each such party shall be that share determined in accordance with the terms of Section 4.3 of the Declaration. 9.4 Tenant's proportionate share of the costs incurred for Project Architect's fees pursuant to Article 4 (Development Planning) of this Development Agreement (excluding, however, any interest or other penalty charged by the Project Architect for delinquent payments under its contract with Landlord) shall be paid by Tenant to Landlord within thirty (30) days after receipt of request for payment and copies of all documents supparting same; provided, however, that in no event shall any amount paid to Landlord for reimbursement of Tenant's proportionate share of Project Architect's fees for the Phase 1 Site Work exceed the following: Project Architect Work Percent of Fees Schematic Design (including Building 20.00 Design Drawings) Construction Documents 65.00 Bidding or Negotiation 5.00 Construction 10.00 TOTAL 100.00 12