Common use of Completion of Construction of Premises Clause in Contracts

Completion of Construction of Premises. Upon completion of construction, Landlord shall satisfy the following conditions: (i) Landlord shall furnish Tenant with a temporary certificate of occupancy and other necessary approvals which must be issued by the appropriate governmental authorities for the occupancy and use of the Premises as contemplated. Landlord agrees to provide a permanent certificate of occupancy as soon as available in the ordinary course of the issuing authority's practice; (ii) The architect engaged by Landlord shall execute his certificate of completion of the Premises in a good and workmanlike manner substantially in accordance with Landlord's Construction Work (Exhibit "D"), and the Working Drawings and readiness for occupancy and deliver it to Tenant; (iii) Landlord agrees that Tenant shall have the right, at Tenant's option, to inspect the Premises during and upon completion (and prior to Tenant taking possession) to determine compliance by Landlord of Landlord's Construction Work (Exhibit "D"), and the Working Drawings. Landlord agrees to correct or change those items which are deemed by Tenant as not in compliance prior to Tenant taking possession; (iv) Landlord shall complete repair or replacement of all items presented by Tenant to Landlord in the form of a "punch list" within thirty (30) days after Tenant shall present such list to Landlord. Tenant shall present such "punch list" to Landlord within a reasonable period, not to exceed ninety (90) days, after Landlord's completion of the Premises. Tenant shall be permitted to cure such punch list at Landlord's expense and deduct the cost of the same from its next rental installment due hereunder in the event Landlord fails to complete such "punch list" within such thirty (30) day period.

Appears in 2 contracts

Samples: Lease Agreement (Value City Department Stores Inc /Oh), Lease Agreement (Value City Department Stores Inc /Oh)

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Completion of Construction of Premises. Upon completion of construction, Landlord shall satisfy the following conditions: (i) Landlord shall furnish Tenant with a temporary certificate of occupancy and other necessary approvals which must be issued by the appropriate governmental authorities for the occupancy and use of the Premises as contemplated. Landlord agrees to provide a permanent certificate of occupancy as soon as available in the ordinary course of the issuing authority's practice; (ii) The architect engaged by Landlord shall execute his certificate of completion of the Premises in a good and workmanlike manner substantially in accordance with Landlord's Construction Work (Exhibit "D"), and the Working Drawings and readiness for occupancy and deliver it to Tenant; (iii) Landlord agrees that Tenant shall have the right, at Tenant's option, to inspect the Premises during and upon completion (and prior to Tenant taking possession) to determine compliance by Landlord of Tenant Criteria Drawings, Landlord's Construction Work (Exhibit "D"), and the Working Drawings. Landlord agrees to correct or change those items which are deemed by Tenant as not in compliance prior to Tenant taking possession; (iv) Landlord shall complete repair or replacement of all items presented by Tenant to Landlord in the form of a "punch list" within thirty (30) days after Tenant shall present such list to Landlord. Tenant shall present such "punch list" to Landlord within a reasonable period, not to exceed ninety (90) days, after Landlord's completion of the Premises. Tenant shall be permitted to cure such punch list at Landlord's expense and deduct the cost of the same from its next rental installment due hereunder in the event Landlord fails to complete such "punch list" within such thirty (30) day period.

Appears in 2 contracts

Samples: Lease Agreement (Retail Ventures Inc), Lease Agreement (Value City Department Stores Inc /Oh)

Completion of Construction of Premises. Upon completion of construction, Landlord shall satisfy the following conditions: (i) Landlord shall furnish Tenant with a temporary certificate of occupancy and other necessary approvals which must be issued by the appropriate governmental authorities for the occupancy and use of the Premises as contemplated. Landlord agrees to provide a permanent certificate of occupancy as soon as available in the ordinary course of the issuing authority's practice; (ii) The architect engaged by xxx Landlord shall execute his certificate of completion of the Premises in a good and workmanlike manner substantially in accordance with Landlord's Construction Work (Exhibit "D"), and the Working Drawings and readiness for occupancy and deliver it to Tenant; (iii) Landlord agrees that Tenant shall have the right, at Tenant's option, to inspect the Premises during and upon completion (and prior to Tenant taking possession) to determine compliance by Landlord of Tenant Criteria Drawings, Landlord's Construction Work (Exhibit "D"), and the Working Drawings. Landlord agrees to correct or change those items which are deemed by Tenant as not in compliance prior to Tenant taking possession; (iv) Landlord shall complete repair or replacement of all items presented by Tenant to Landlord in the form of a "punch list" within thirty (30) days after Tenant shall present such list to Landlord. Tenant shall present such "punch list" to Landlord within a reasonable period, not to exceed ninety (90) days, after Landlord's completion of the Premises. Tenant shall be permitted to cure such punch list at Landlord's expense and deduct the cost of the same from its next rental installment due hereunder in the event Landlord fails to complete such "punch list" within such thirty (30) day period.

Appears in 1 contract

Samples: Assignment and Assumption of Lease Agreement (Retail Ventures Inc)

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Completion of Construction of Premises. Upon completion of construction, Landlord shall satisfy the following conditions: (i) Landlord shall furnish Tenant with a temporary certificate of occupancy and other necessary approvals which must be issued by the appropriate governmental authorities for the occupancy and use of the Premises as contemplated. Landlord agrees to provide a permanent certificate of occupancy as soon as available in the ordinary course of the issuing authority's ' s practice; (ii) The architect engaged by Landlord shall execute his certificate of completion of the Premises in a good and workmanlike manner substantially in accordance with Landlord's Construction Work (Exhibit "D"), and the Working Drawings and readiness for occupancy and deliver it to Tenant; (iii) Landlord agrees that Tenant shall have the right, at Tenant's option, to inspect the Premises during and upon completion (and prior to Tenant taking possession) to determine compliance by Landlord of Landlord's Construction Work (Exhibit "D"), and the Working Drawings. Landlord agrees to correct or change those items which are deemed by Tenant as not in compliance prior to Tenant taking possession; (iv) Landlord shall complete repair or replacement of all items presented by Tenant to Landlord in the form of a "punch list" within thirty (30) days after Tenant shall present such list to Landlord. Tenant shall present such "punch list" to Landlord within a reasonable period, not to exceed ninety (90) days, after Landlord's completion of the Premises. Tenant shall be permitted to cure such punch list at Landlord's expense and deduct the cost of the same from its next rental installment due hereunder in the event Landlord fails to complete such "punch list" within such thirty (30) day period.

Appears in 1 contract

Samples: Lease Agreement (Retail Ventures Inc)

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