is (not) approved.
Architect Date
DESIGN FEES (including mechanical, structural and electrical engineering)
$
TOTAL COST OF PROPOSAL $
Step 5: FINAL ACTION
a. The Tenant
hereby agrees to reimburse the Landlord the
(Name of Firm)
86
Total Cost of Proposal shown in Step 4 above.
Authorized Tenant's Representative Date
b. This Bulletin is approved (rescinded) and the work above is (not) to be
performed. Cost of this work shall be included in Change Order No.
.
Landlord Date
87
EXHIBIT "M"
FORM LETTER OF CREDIT
(THE ACTUAL FORM WILL DEPEND ON THE ISSUING BANK)
IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER:
DATE: DELIVERY BY COURIER SERVICE BENEFICIARY: APPLICANT: Burlington Office Park
V Limited Partnership
c/o The Gutierrez Company
One Wall Street, Burlington. MA 01803
AMOUNT: USD $
EXPIRY DATE:
AT OUR COUNTERS IN SANTA CLARA, CALIFORNIA
LADIES AND GENTLEMEN:
WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OP CREDIT NO.
IN YOUR
FAVOR EFFECTIVE IMMEDIATELY, BY ORDER AND FOR THE ACCOUNT OF
FOR A SUM OR SUMS NOT EXCEEDING A TOTAL OF
(USD
) AVAILABLE BY YOUR
DRAFT(S) AT SIGHT DRAWN ON US AND ACCOMPANIED BY THE FOLLOWING DOCUMENTS:
1. THE ORIGINAL OF THIS LETTER OF CREDIT AND ALL AMENDMENTS THERETO, IF ANY.
2. A DATED STATEMENT FROM THE BENEFICIARY SIGNED BY AN AUTHORIZED OFFICER OR
REPRESENTATIVE, FOLLOWED BY HIS/HER DESIGNATED TITLE, STATING THE FOLLOWING:
"REFERENCE IS HEREBY MADE TO THAT CERTAIN LEASE (THE "LEASE") DATED
, 2010 [INSERT LEASE DATE] BETWEEN BENEFICARY AS LANDLORD
(THE "LANDLORD") AND ASCEND LEARNING LLC AS TENANT (THE "TENANT"). I HEREBY
CERTIFY THAT I AM AN AUTHORIZED REPRESENTATIVE OF LANDLORD AND FURTHER CERTIFY
THAT:
(I)
EITHER (A) AN EVENT OF DEFAULT (AS DEFINED IN THE LEASE) HAS OCCURRED AND
REMAINS UNCURED BEYOND THE APPLICABLE CURE PERIOD, OR (B) APPLICANT HAS NOT
RENEWED, REPLACED OR AMENDED THE LETTER OF CREDIT BY NOT LATER THAN TWENTY-FIVE
(25) BANKING DAYS PRIOR TO THE EXPIRATION THEREOF OR PROVIDED A CASH
88
DEPOSIT, IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE II OF THE LEASE; AND
(II) THIS DRAWING IN THE AMOUNT OF USD
(INSERT AMOUNT, NOT TO EXCEED
AVAILABLE CREDIT) REPRESENTS FUNDS DUE TO LANDLORD UNDER AND PURSUANT TO THE
LEASE."
THIS LETTER OF CREDIT IS TRANSFERABLE BY THE ISSUING BANK ONE OR MORE TIMES BUT
IN EACH INSTANCE TO A SINGLE BENEFICIARY AND ONLY IN ITS ENTIRETY UP TO THE THEN
AVAILABLE AMOUNT IN FAVOR OF ANY NOMINATED TRANSFEREE ASSUMING SUCH TRANSFER TO
SUCH TRANSFEREE WOULD BE IN COMPLIANCE WITH THEN APPLICABLE LAW AND REGULATIONS,
INCLUDING BUT NOT LIMITED TO THE REGULATIONS OF THE U.S. DEPARTMENT OF TREASURY
AND U.S. DEPARTMENT OF COMMERCE. AT THE TIME OF TRANSFER, THE ORIGINAL LETTER OF
CREDIT AND ORIGINAL AMENDMENTS), IP ANY, MUST BE SURRENDERED TO US TOGETHER WITH
OUR LETTER OF TRANSFER DOCUMENTATION (IN THE FORM OF EXHIBIT "A" ATTACHED
HERETO) AND OUR TRANSFER FEE OF "A OP 1% OF THE TRANSFER AMOUNT (MINIMUM
S250.00). ANY TRANSFER OF THIS LETTER OF CREDIT MAY NOT CHANGE THE PLACE OF
EXPIRATION