Common use of Completion and Delivery Clause in Contracts

Completion and Delivery. The terms “substantial completion,” “Substantial Completion,” “Substantially Complete,” “Substantially complete” and words of similar import (whether or not spelled with initial capitals) as used in the Lease shall mean the date of substantial completion of the Tenant Improvements pursuant to the Tenant Improvement Plans such that Tenant may occupy the Premises for the conduct of its business (subject to the completion of any additional construction to be performed by Tenant). The Premises shall be deemed substantially complete notwithstanding the fact that minor details of construction, mechanical adjustments or decorations which do not unreasonably interfere with Tenant’s use and enjoyment of the Premises (items normally referred to as “punch list” items) remain to be performed; provided, however, substantial completion shall not be achieved until and unless all of the following have occurred: (i) all primary Building operating systems serving the Premises and the Common Areas, as described in the Tenant Improvement Plans (including without limitation the vertical telephone risers or conduits to accommodate cables), are operational; (ii) at least one (1) passenger elevator is servicing the Premises from the ground floor lobby of the Building; (iii) the restrooms are fully operational and are substantially complete with all finishes installed therein, except for minor punch list items; (iv) Tenant has reasonably unimpeded and safe access for itself, its employees and invitees to the Building, parking facility and the Premises; (v) one of the Building elevators are operational and accessible by Tenant and Tenant’s furniture installers and movers; (vi) the ground floor lobby of the Building is substantially complete in accordance with the Tenant Improvement Plans, subject to normal and customary punch list items; (vii) the parking facility for the Building is substantially complete with safe and unimpeded vehicular access thereto reasonably available; and (viii) access between the parking facility and the Building is substantially complete with reasonable unimpeded and safe access from the parking facility to the Building. Notwithstanding the above, if and to the extent any of (i)-(viii) above involve systems requiring integral Tenant-provided components (such as data/voice cabling, cubical office partitions, data/phone room equipment, furniture, UPS, fume hoods, card access readers, etc.), the failure of such systems to be fully operable shall not delay the date of substantial completion, but Landlord shall diligently complete the same upon Tenant’s furnishing and/or installation of such Tenant-provided components. Certification by Landlord’s architect as to the substantial completion of the Premises together with a certificate of occupancy or other comparable approval to occupy issued by the City of Issaquah with respect to the Premises (temporary or permanent) shall be conclusive and binding upon Landlord and Tenant. By taking occupancy of the Premises, Tenant shall be deemed to have accepted the Premises and the Building as substantially complete, except that Tenant shall, within twenty (20) days after entering into possession of the Premises, provide Landlord with a list of punch list items remaining to be completed. Landlord shall diligently complete such punch list items, as soon as reasonably possible (but in no event later than 30 days after Landlord’s receipt of such punch list) except to the extent material or labor availability makes such 30 day period commercially unreasonable for an applicable punch list item, in which event such item shall be completed diligently and in a commercially reasonable time frame. The Commencement Date shall not be delayed because of the existence of uncorrected punch list items. If and to the extent required and requested by Tenant with respect to any applicable and discovered defect or deficiency required to be repaired by Tenant pursuant to this Lease, Landlord hereby agrees to assign to Tenant the benefit of any applicable warranties with respect to the Premises or any portion of thereof for which Tenant shall have repair or maintenance responsibility under this Lease which warranties, Landlord covenants and agrees, shall include a twelve (12) month warranty with respect to new systems associated with the Tenant Improvements. At Landlord’s election, Landlord may, by written notice to Tenant, pursue any warranty claim and pursue such repairs covered by warranty notwithstanding that Tenant may be responsible for the applicable repair pursuant to this Lease.

Completion and Delivery. The terms “"substantial completion,” “" "Substantial Completion,” “" "Substantially Complete,” “" "Substantially complete” " and words of similar import (whether or not spelled with initial capitals) as used in the Lease shall mean the date of substantial completion of the Tenant Improvements pursuant to the Tenant Improvement Plans such that Tenant may commence the installation of any of Tenant's equipment and occupy the Premises for the conduct of its business (subject to the completion of any additional construction to be performed by Tenant). The Premises Tenant Improvements shall be deemed substantially complete notwithstanding the fact that minor details of construction, mechanical adjustments or decorations which do not unreasonably materially interfere with Tenant’s 's use and enjoyment of the Premises remain to be performed (items normally referred to as “"punch list” " items) remain to be performed; provided, however, substantial completion shall not be achieved until and unless all of the following have occurred: (i) all primary Building operating systems serving the Premises and the Common Areas, as described in the Tenant Improvement Plans (including without limitation the vertical telephone risers or conduits to accommodate cables), are operational; (ii) at least one (1) passenger elevator is servicing the Premises from the ground floor lobby of the Building; (iii) the restrooms are fully operational and are substantially complete with all finishes installed therein, except for minor punch list items; (iv) Tenant has reasonably unimpeded and safe access for itself, its employees and invitees to the Building, parking facility and the Premises; (v) one of the Building elevators are operational and accessible by Tenant and Tenant’s furniture installers and movers; (vi) the ground floor lobby of the Building is substantially complete in accordance with the Tenant Improvement Plans, subject to normal and customary punch list items; (vii) the parking facility for the Building is substantially complete with safe and unimpeded vehicular access thereto reasonably available; and (viii) access between the parking facility and the Building is substantially complete with reasonable unimpeded and safe access from the parking facility to the Building. Notwithstanding the above, if and to the extent any of (i)-(viii) above involve systems requiring integral Tenant-provided components (such as data/voice cabling, cubical office partitions, data/phone room equipment, furniture, UPS, fume hoods, card access readers, etc.), the failure of such systems to be fully operable shall not delay the date of substantial completion, but Landlord shall diligently complete the same upon Tenant’s furnishing and/or installation of such Tenant-provided components. Certification by Landlord’s 's architect as to the substantial completion of the Premises together with a certificate of occupancy or other comparable approval to occupy issued by the City of Issaquah with respect to the Premises (temporary or permanent) Tenant Improvements shall be conclusive and binding upon Landlord and Tenant. By taking occupancy of the Premises, Tenant shall be deemed to have accepted the Premises and the Building as substantially complete, except that Tenant shall, within twenty five (205) days after entering into possession of the Premises, provide Landlord with a list of punch list incomplete and/or corrective items remaining to be completedpresent in the Tenant Improvements. Landlord shall diligently complete such punch list itemscomplete, as soon as reasonably possible (but in no event later than 30 days after Landlord’s receipt possible, any items of work and adjustment on such punch list) except to list as are not completed upon substantial completion of the extent material or labor availability makes such 30 day period commercially unreasonable for an applicable punch list item, in which event such item shall be completed diligently and in a commercially reasonable time frameTenant Improvements. The Commencement Date shall not be delayed because of the existence of uncorrected punch list items. If and to the extent required and requested by Tenant with respect to any applicable and discovered defect or deficiency required to be repaired by Tenant pursuant to this Lease, Landlord hereby agrees to assign to Tenant the benefit of any applicable warranties with respect to the Premises or any portion of thereof for which Tenant shall have repair or maintenance responsibility under this Lease which warranties, Landlord covenants and agrees, shall include a twelve (12) month warranty with respect to new systems associated with the Tenant Improvements. At Landlord’s election, Landlord may, by written notice to Tenant, pursue any warranty claim and pursue such repairs covered by warranty notwithstanding that Tenant may be responsible for the applicable repair pursuant to this Lease.

Completion and Delivery. The terms “substantial completion,” “Substantial Completion,” “Substantially Complete,” “Substantially complete” and words of similar import (whether or not spelled with initial capitals) as used in the Lease shall mean the date of substantial completion of the Tenant Improvements pursuant to the Tenant Improvement Plans such that Tenant may occupy the Premises for the conduct of its business (subject to the completion of any additional construction to be performed by Tenant). The Premises shall be deemed substantially complete notwithstanding the fact that minor details of construction, mechanical adjustments or decorations which do not unreasonably interfere with Tenant’s use and enjoyment of the Premises (items normally referred to as “punch list” items) remain to be performed; provided, however, substantial completion shall not be achieved until and unless all of the following have occurred: (i) all primary Building operating systems serving the Premises and the Common Areas, as described in the Tenant Improvement Plans (including without limitation the vertical telephone risers or conduits to accommodate cables), ) are operational; (ii) at least one (1) passenger elevator is servicing the Premises from the ground floor lobby of the Building; (iii) the restrooms are fully operational and are substantially complete with all finishes installed therein, except for minor punch list items; (iv) Tenant has reasonably unimpeded and safe access for itself, its employees and invitees to the Building, parking facility and the Premises; (v) one of (1) freight elevator and at least one (1) passenger elevator in the Building elevators are operational and accessible by Tenant and Tenant’s furniture installers and movers; (vi) the ground floor lobby of the Building is substantially complete in accordance with the Tenant Improvement Plans, subject to normal and customary punch list items; (vii) the parking facility for the Building is substantially complete with safe and unimpeded vehicular access thereto reasonably available; and (viii) access between the parking facility and the Building is substantially complete with reasonable unimpeded and safe access from the parking facility to the Building. Notwithstanding the above, if and to the extent any of (i)-(viii) above involve systems requiring integral Tenant-provided components (such as data/voice cabling, cubical office partitions, data/phone room equipment, furniture, UPS, fume hoods, card access readers, manufacturing/assembly equipment, etc.), the failure of such systems to be fully operable shall not delay the date of substantial completion, but Landlord shall diligently complete the same upon Tenant’s furnishing and/or installation of such Tenant-provided components. Certification by Landlord’s architect as to the substantial completion of the Premises together with a certificate of occupancy or other comparable approval to occupy issued by the City of Issaquah with respect to the Premises (temporary or permanent) shall be conclusive and binding upon Landlord and Tenant. By taking occupancy of the Premises, Tenant shall be deemed to have accepted the Premises and the Building as substantially complete, except that Tenant shall, within twenty (20) days after entering into possession of the Premises, provide Landlord with a list of punch list items remaining to be completed. Landlord shall diligently complete such punch list items, as soon as reasonably possible (but in no event later than 30 days after Landlord’s receipt of such punch list) list except to the extent material or labor availability makes such 30 day period commercially unreasonable for an applicable punch list item, in which event such item shall be completed diligently and in a commercially reasonable time frame). The Commencement Date shall not be delayed because of the existence of uncorrected punch list items. If and to the extent required and requested by Tenant with respect to any applicable and discovered defect or deficiency required to be repaired by Tenant pursuant to this Lease, Landlord hereby agrees to assign to Tenant the benefit of any applicable warranties with respect to the Premises or any portion of thereof for which Tenant shall have repair or maintenance responsibility under this Lease which warranties, Landlord covenants and agrees, shall include a twelve (12) month warranty with respect to new systems associated with the Tenant Improvements. At Landlord’s election, Landlord may, by written notice to Tenant, pursue any warranty claim and pursue such repairs covered by warranty notwithstanding that Tenant may be responsible for the applicable repair pursuant to this Lease.

Completion and Delivery. The terms “substantial completion,” “Substantial Completion,” “Substantially Complete,” “Substantially complete” and words of similar import (whether or not spelled with initial capitals) as used in the Lease shall mean the date of substantial completion of the Tenant Improvements pursuant to the Tenant Improvement Plans such that Tenant may commence the installation of any of Tenant’s equipment and occupy the Premises for the conduct of its business (subject to the completion of any additional construction to be performed by Tenant). The Premises Tenant Improvements shall be deemed substantially complete notwithstanding the fact that minor details of construction, mechanical adjustments or decorations which do not unreasonably materially interfere with Tenant’s use and enjoyment of the Premises remain to be performed (items normally referred to as “punch list” items) remain to be performed; provided, however, substantial completion shall not be achieved until and unless all of the following have occurred: (i) all primary Building operating systems serving the Premises and the Common Areas, as described in the Tenant Improvement Plans (including without limitation the vertical telephone risers or conduits to accommodate cables), are operational; (ii) at least one (1) passenger elevator is servicing the Premises from the ground floor lobby of the Building; (iii) the restrooms are fully operational and are substantially complete with all finishes installed therein, except for minor punch list items; (iv) Tenant has reasonably unimpeded and safe access for itself, its employees and invitees to the Building, parking facility and the Premises; (v) one of the Building elevators are operational and accessible by Tenant and Tenant’s furniture installers and movers; (vi) the ground floor lobby of the Building is substantially complete in accordance with the Tenant Improvement Plans, subject to normal and customary punch list items; (vii) the parking facility for the Building is substantially complete with safe and unimpeded vehicular access thereto reasonably available; and (viii) access between the parking facility and the Building is substantially complete with reasonable unimpeded and safe access from the parking facility to the Building. Notwithstanding the above, if and to the extent any of (i)-(viii) above involve systems requiring integral Tenant-provided components (such as data/voice cabling, cubical office partitions, data/phone room equipment, furniture, UPS, fume hoods, card access readers, etc.), the failure of such systems to be fully operable shall not delay the date of substantial completion, but Landlord shall diligently complete the same upon Tenant’s furnishing and/or installation of such Tenant-provided components. Certification by Landlord’s architect as to the substantial completion of the Premises together with a certificate of occupancy or other comparable approval to occupy issued by the City of Issaquah with respect to the Premises (temporary or permanent) Tenant Improvements shall be conclusive and binding upon Landlord and Tenant. By taking occupancy of the Premises, Tenant shall be deemed to have accepted the Premises and the Building as substantially complete, except that Tenant shall, within twenty ten (2010) days after entering into possession of the Premises, provide Landlord with a list of punch list incomplete and/or corrective items remaining to be completedpresent in the Tenant Improvements. Landlord shall diligently complete such punch list itemscomplete, as soon as reasonably possible (but in no event later than 30 days after Landlord’s receipt possible, any items of work and adjustment on such punch list) except to list as are not completed upon substantial completion of the extent material or labor availability makes such 30 day period commercially unreasonable for an applicable punch list item, in which event such item shall be completed diligently and in a commercially reasonable time frameTenant Improvements. The Commencement Date shall not be delayed because of the existence of uncorrected punch list items. If and to the extent required and requested by Tenant with respect to any applicable and discovered defect or deficiency required to be repaired by Tenant pursuant to this Lease, Landlord hereby agrees to assign to Tenant the benefit of any applicable warranties with respect to the Premises or any portion of thereof for which Tenant shall have repair or maintenance responsibility under this Lease which warranties, Landlord covenants and agrees, shall include a twelve (12) month warranty with respect to new systems associated with the Tenant Improvements. At Landlord’s election, Landlord may, by written notice to Tenant, pursue any warranty claim and pursue such repairs covered by warranty notwithstanding that Tenant may be responsible for the applicable repair pursuant to this Lease.