Common use of Completion of Construction Clause in Contracts

Completion of Construction. At such time as Landlord shall complete construction of the Improvements and Site Work in accordance with the Plans and Specifications and Engineering Plans, Landlord shall deliver to Tenant (a) a current "as-built" survey of the Premises, (b) Landlord's written Certification that construction of the Improvements and Site Work has been completed in accordance all applicable governmental requirements, accompanied by the certification of XxXxxxxx Xxxxx and Partners that such construction has been completed in accordance with the Plans and Specifications, the certification of the Engineers that such construction has been completed in accordance with the Engineering Plans, and (c) satisfactory evidence that the Premises is free of liens or claims of lien arising from the construction of the Improvements by Landlord. Landlord and Tenant shall then conduct a final joint inspection of the Improvements and Site Work and shall agree that construction is complete or agree upon a minor "punchlist" of items with the cost of completion not exceeding Ten Thousand and 00/100 Dollars ($10,000.00) to be completed, which in such case Landlord shall promptly and diligently complete. Upon completion of construction as outlined above (excluding agreed upon minor punchlist items to be completed by Landlord), Landlord shall be deemed to have assign to Tenant all applicable warranties granted Landlord by Landlord's contractors, subcontractors, suppliers and agents during and after the construction of the Premises; provided, however, if any of such warranties are not assignable and it becomes necessary to enforce such warranties, Landlord covenants that, upon notice from Tenant, it will promptly and fully enforce such warranties on behalf of Tenant and remit any proceeds (net of enforcement costs) to Tenant.

Completion of Construction. At such time as Landlord For the purposes of this Agreement, the terms "physical Completion" or "Physically Completed" shall complete construction of be deemed to occur on the Improvements date on which the building and Site Work improvements described and set forth in accordance with the Plans and Specifications and Engineering Final Plans, Landlord shall deliver to Tenant : (ai) a current "as-built" survey of the Premises, (b) Landlord's written Certification that construction of the Improvements and Site Work has been completed in accordance all applicable governmental requirements, accompanied by the certification of XxXxxxxx Xxxxx and Partners that such construction has have been completed in accordance with the Plans and SpecificationsFinal Plans, as the certification of the Engineers that such construction has same may have been completed modified in accordance with the Engineering Plans, terms of this Agreement; (ii) have been approved for occupancy by the local building inspector (and (cby the local Fire Xxxxxxxx in the event his approval is required) satisfactory evidence as evidenced by the issuance of a temporary certificate of occupancy provided that the Premises is free such temporary certificate of liens or claims of lien arising from the construction occupancy does not affect actual occupancy of the Improvements Facility by Landlord. Landlord and Tenant shall then conduct patients or the licensing of the Facility by the DPH; (iii) have passed the so-called physical plant inspection by the DPH in a final joint manner which does not prevent the licensing inspection of the Improvements facility; and Site Work (iv) the FEE has been furnished such that the Facility may be licensed and such that with respect to other than patient rooms, the Facility is fully operational, provided, however that in the event of delays in the furnishing of the FFE occasioned by the action or inaction of the Owner in choosing or ordering any items of FFE, this subparagraph (iv) shall agree that construction is complete or agree upon not be a minor "punchlist" of items with the cost of condition in determining whether Physical Completion has occurred. Physical completion not exceeding Ten Thousand and 00/100 Dollars ($10,000.00) to be completed, which in such case Landlord shall promptly and diligently complete. Upon completion of construction as outlined above (excluding agreed upon minor punchlist items to be completed by Landlord), Landlord shall be deemed to have assign to Tenant all applicable warranties granted Landlord by Landlord's contractors, subcontractors, suppliers and agents during and after the construction of the Premises; provided, however, if been achieved notwithstanding that any of such warranties are officials or agencies have issued a Punch-List listing items requiring completion or correction. Physical completion shall also be deemed to have been achieved notwithstanding that the Owner may not assignable yet have satisfied the requirements of the DPH with respect to the administration of the Facility, medical supplies, medical records, nursing service and it becomes staff, dietary requirements, and other general conditions necessary to enforce such warranties, Landlord covenants that, upon notice from Tenant, it will promptly and fully enforce such warranties on behalf obtain a license for the rendering of Tenant and remit any proceeds (net of enforcement costs) to Tenantnursing services.

Completion of Construction. At Landlord’s Work for any Phase shall be deemed “Substantially Complete” or there shall be “Substantial Completion” for such time as Phase if Landlord shall complete construction of the Improvements and Site Work in accordance with the Plans and Specifications and Engineering Plans, Landlord shall deliver to Tenant has (a) a current "as-built" survey completed all of the Premises, (b) Landlord's written Certification that construction of the Improvements and Site ’s Work has been completed in accordance all applicable governmental requirements, accompanied by the certification of XxXxxxxx Xxxxx and Partners that for such construction has been completed in accordance with Phase identified on the Plans and Specifications, as evidenced by the certification Landlord’s Architect’s certificate of Substantial Completion, subject in each case only to Landlord’s failure to complete (i) minor and insubstantial details of construction that do not, except in a de minimis manner, interfere with Tenant’s performance of Tenant Improvements in such Phase (the “Punchlist Items”) and (ii) items that cannot or should not be completed during the time of the Engineers year that such construction has been completed in accordance with Landlord performs the Engineering Plansappropriate portion of Landlord’s Work (for example, the commissioning and testing of air conditioning and cooling systems during the winter months, the commissioning and testing of heating systems during summer months, or the installation of landscaping during winter months) (the “Seasonal Items”); and (cb) satisfactory evidence that if necessary for the Premises is free occupancy of liens such Phase, received a temporary or claims permanent certificate of lien arising occupancy from the construction applicable Governmental Authority(ies). If the satisfaction of the Improvements by Landlord. Landlord and any condition set forth in clauses (a) or (b) is delayed because of Tenant shall Delay, then conduct a final joint inspection of the Improvements and Site Work and shall agree that construction is complete or agree upon a minor "punchlist" of items with the cost of completion not exceeding Ten Thousand and 00/100 Dollars ($10,000.00) to be completed, which in such case Landlord shall promptly and diligently complete. Upon completion of construction as outlined above (excluding agreed upon minor punchlist items to be completed by Landlord), Landlord Substantial Completion shall be deemed to occur when Substantial Completion would have assign to occurred had such Tenant all applicable warranties granted Delay not arisen. If the parties do not agree on whether Landlord by Landlord's contractors, subcontractors, suppliers and agents during and after has achieved Substantial Completion for any Phase or on the construction scope of the Premises; providedPunchlist Items or Seasonal Items for such Phase, howeverthen the written determination of the Neutral Architect shall govern, if any of such warranties are not assignable whose determination shall be final and it becomes necessary to enforce such warranties, Landlord covenants that, binding upon notice from Tenant, it will promptly and fully enforce such warranties on behalf of Tenant and remit any proceeds (net of enforcement costs) to Tenantthe parties.

Completion of Construction. At such time as Landlord For the purposes of this Agreement, the terms "Physical Completion" or "Physically Completed" shall complete construction of be deemed to occur on the Improvements date on which the building and Site Work improvements described and set forth in accordance with the Plans and Specifications and Engineering Final Plans, Landlord shall deliver to Tenant : (ai) a current "as-built" survey of the Premises, (b) Landlord's written Certification that construction of the Improvements and Site Work has been completed in accordance all applicable governmental requirements, accompanied by the certification of XxXxxxxx Xxxxx and Partners that such construction has have been completed in accordance with the Plans and SpecificationsFinal Plans, as the certification of the Engineers that such construction has same may have been completed modified in accordance with the Engineering Plans, terms of this Agreement; (ii) have been approved for occupancy by the local building inspector (and (cby the local Fire Xxxxxxxx in the event his approval is required) satisfactory as evidence by the issuance of a temporary certificate of occupancy provided that the Premises is free such temporary certificate of liens or claims of lien arising from the construction occupancy does not affect actual occupancy of the Improvements Facility by Landlord. Landlord and Tenant shall then conduct patients or the licensing of the Facility by the DPH; (iii) have passed the so-called physical plant inspection by the DPH in a final joint manner which does not prevent the licensing inspection of the Improvements facility; and Site Work (iv) the FFE has been furnished such that the Facility may be licensed and such that with respect to other than patient rooms, the Facility is fully operational, provided, however that in the event of delays in the furnishing of the FFE occasioned by the action or inaction of the Owner in choosing or ordering any items of FFE, this subparagraph (iv) shall agree that construction is complete or agree upon not be a minor "punchlist" of items with the cost of completion not exceeding Ten Thousand and 00/100 Dollars ($10,000.00) to be completed, which condition in such case Landlord shall promptly and diligently completedetermining whether Physical Completion has occurred. Upon completion of construction as outlined above (excluding agreed upon minor punchlist items to be completed by Landlord), Landlord Physical Completion shall be deemed to have assign to Tenant all applicable warranties granted Landlord by Landlord's contractors, subcontractors, suppliers and agents during and after the construction of the Premises; provided, however, if been achieved notwithstanding that any of such warranties are officials or agencies have issued a Punch-List listing items requiring completion or correction. Physical Completion shall also be deemed to have been achieved notwithstanding that the Owner may not assignable yet have satisfied the requirements of the DPH with respect to the administration of the Facility, medical supplies, medical records, nursing service and it becomes staff, dietary requirements, and other general conditions necessary to enforce such warranties, Landlord covenants that, upon notice from Tenant, it will promptly and fully enforce such warranties on behalf obtain a license for the rendering of Tenant and remit any proceeds (net of enforcement costs) to Tenantnursing services.

Completion of Construction. At such time as Landlord For the of this Agreement, the terms "Physical Completion" or "Physically Completed" shall complete construction of be deemed to occur on the Improvements date on which the building and Site Work improvements described and set forth in accordance with the Plans and Specifications and Engineering Final Plans, Landlord shall deliver to Tenant : (ai) a current "as-built" survey of the Premises, (b) Landlord's written Certification that construction of the Improvements and Site Work has been completed in accordance all applicable governmental requirements, accompanied by the certification of XxXxxxxx Xxxxx and Partners that such construction has have been completed in accordance with the Plans and SpecificationsFinal Plans, as the certification of the Engineers that such construction has same may have been completed modified in accordance with the Engineering Plans, terms of this Agreement; (ii) have been approved for occupancy by the local building inspector (and (cby the local Fire Xxxxxxxx in the event his approval is required) satisfactory evidence as evidenced by the issuance of a temporary certificate of occupancy provided that the Premises is free such temporary certificate of liens or claims of lien arising from the construction occupancy does not affect actual occupancy of the Improvements Facility by Landlord. Landlord and Tenant shall then conduct patients or the licensing of the Facility by the DPH; (iii) have passed the so-called physical plant inspection by the DPH in a final joint manner which does not prevent the licensing inspection of the Improvements Facility; and Site Work (iv) the FFE has been furnished such that the Facility may be licensed and such that with respect to other than patient rooms, the Facility is fully operational, provided, however that in the event of delays in the furnishing of the FFE occasioned by the action or inaction of the Owner in choosing or ordering any it items of FFE, this subparagraph (iv) shall agree that construction is complete or agree upon not be a minor "punchlist" of items with the cost of completion not exceeding Ten Thousand and 00/100 Dollars ($10,000.00) to be completed, which condition in such case Landlord shall promptly and diligently completedetermining whether Physical Completion has occurred. Upon completion of construction as outlined above (excluding agreed upon minor punchlist items to be completed by Landlord), Landlord Physical Completion shall be deemed to have assign to Tenant all applicable warranties granted Landlord by Landlord's contractors, subcontractors, suppliers and agents during and after the construction of the Premises; provided, however, if been achieved notwithstanding that any of such warranties are officials or agencies have issued a Punch-List listing items requiring completion or correction. Physical Completion shall also be deemed to have been achieved notwithstanding that the Owner may not assignable yet have satisfied the requirements of the DPH with respect to the administration of the Facility, medical supplies, medical records, nursing service and it becomes staff, dietary requirements, and other general conditions necessary to enforce such warranties, Landlord covenants that, upon notice from Tenant, it will promptly and fully enforce such warranties on behalf obtain a license for the rendering of Tenant and remit any proceeds (net of enforcement costs) to Tenantnursing services.

Completion of Construction. At such time as Landlord Northern Builders hereby agrees that: (i) construction work in connection with the Improvements shall complete be commenced promptly upon issuance of a building permit which permit for construction of the Improvements and Site Work in accordance with the Plans and Specifications and Engineering Plans, Landlord shall deliver to Tenant (a) a current "as-built" survey be issued within one week after execution of the Premises, Lease Amendment; (bii) Landlord's written Certification that construction it will Substantially Complete the warehouse portion of the Improvements Leased Premises by June 1, 1997 and Site Work has been completed in accordance all applicable governmental requirements, accompanied by the certification of XxXxxxxx Xxxxx and Partners that such construction has been completed in accordance with the Plans and Specifications, the certification office portion of the Engineers that such construction has been completed in accordance with the Engineering PlansLeased Premises by July 1, 1997 respectively, subject to extension by reason of Unavoidable Delays; and (ciii) satisfactory evidence it will thereafter complete all of the Punch List Items within a reasonable period of time. Northern affirms and warrants that the Premises Construction Schedule attached hereto and made a part hereof as Exhibit B is free true, correct and reasonably achievable. Northern further acknowledges that adverse weather or seasonal related conditions that are impediments to construction and material or labor shortages are the responsibility of liens or claims Northern and will not be deemed to be Unavoidable Delays. In addition, Northern Builders agrees to make timely payment of lien arising from all amounts owed to its subcontractors and material suppliers in connection with the construction of the Improvements by Landlord. Landlord and Tenant shall then conduct a final joint inspection so as to avoid the filing of mechanics' liens against the Improvements and Site Work and shall agree that construction is complete or agree upon a minor "punchlist" of items with the cost of completion not exceeding Ten Thousand and 00/100 Dollars ($10,000.00) to be completed, which in such case Landlord shall promptly and diligently complete. Upon completion of construction as outlined above (excluding agreed upon minor punchlist items to be completed by Landlord), Landlord shall be deemed to have assign to Tenant all applicable warranties granted Landlord by Landlord's contractors, subcontractors, suppliers and agents during and after the construction of the Leased Premises; provided, however, that Northern Builders shall not be deemed in default of its obligations with respect to the timely payment of amounts owed to its subcontractors or material suppliers if any a mechanic's lien claim or claims are filed which claims are insured over by Chicago Title and Trust Company. For purposes of such warranties are this Agreement, "Unavoidable Delays" shall mean delays in the commencement or progress of construction, as the case may be, caused by Successories delay in approving the final plans and specifications for the Improvements or changes, deletions or additions in the Approved Plans and Specifications requested by Successories, strikes, lockouts, casualties, acts of God, war, governmental regulation or control, delays initiated by the City which could not assignable and it becomes necessary to enforce such warranties, Landlord covenants that, upon notice from Tenant, it will promptly and fully enforce such warranties on behalf have reasonably been prevented by Northern or other causes beyond the reasonable control of Tenant and remit any proceeds (net of enforcement costs) to TenantNorthern Builders.

Completion of Construction. At such 4.1 The Company agrees to observe, perform and comply with all the terms, conditions, stipulations and restrictions, if any, which may have been imposed by the Competent Authority at the time as Landlord shall complete construction of sanction of the Improvements building plans and Site Work in accordance with grant of approvals for the Plans Project. The Company shall, before execution and Specifications and Engineering Plans, Landlord shall deliver to Tenant (a) a current "as-built" survey registration of the Premises, (b) Landlord's written Certification that construction Deed of the Improvements and Site Work has been completed in accordance all applicable governmental requirementsSaid Independent Floor to the Allottee(s), accompanied by obtain from the certification of XxXxxxxx Xxxxx and Partners that such construction has been completed in accordance with the Plans and SpecificationsCompetent Authority, the certification necessary occupation and/or completion certificates in respect of the Engineers that such construction has been completed Said Building in accordance with which the Engineering PlansSaid Independent Floor is situated towards Completion of Construction, as may be required under the Applicable Laws. However, the Company may complete the Said Project in part and (cobtain partial occupation and/or completion certificate for the same as the Company may deem fit, the date of making an application to the Competent Authority(ies) satisfactory evidence that for issue of part occupation and/or completion certificate shall be treated as the Premises is free date of liens or claims of lien arising from the construction of the Improvements by Landlord. Landlord and Tenant shall then conduct a final joint inspection of the Improvements and Site Work and shall agree that construction is complete or agree upon a minor "punchlist" of items with the cost of completion not exceeding Ten Thousand and 00/100 Dollars ($10,000.00) to be completed, which in such case Landlord shall promptly and diligently complete. Upon completion of construction as outlined above (excluding agreed upon minor punchlist items of that particular portion/project. The Allottee(s) confirms and gives his specific consent to be the same and shall not raise any objection in this regard. In such event if the Allottee(s) is offered possession of the Said Independent Floor in such completed by Landlord)part or portion of the Project, Landlord the Company and/or its agents or contractors shall be deemed entitled to have assign to Tenant all applicable warranties granted Landlord by Landlord's contractorscarry on the remaining work, subcontractors, suppliers and agents during and after the construction of the Premises; provided, howeverconstruct additional floors, if granted permission by the Competent Authority to do so, including further and additional construction work in the Project including the part or portion where the Said Independent Floor is situated, to which the Allottee(s) shall have no objection, and if any inconvenience, hardship, disturbance or nuisance is caused to the Allottee(s) during the said works or construction, the Allottee(s) shall neither be entitled to protest, object to or obstruct the execution of such warranties are not assignable and it becomes necessary work or construction nor be entitled to enforce such warranties, Landlord covenants that, upon notice from Tenant, it will promptly and fully enforce such warranties on behalf approach Competent Court for seeking compensation or redressal of Tenant and remit any proceeds (net of enforcement costs) to Tenantgrievance in this regard.

Completion of Construction. At such time AT&T PCS has advised the Company that -------------------------- it intends to construct 108 cell sites as Landlord shall complete described on Exhibit 4.11 (the "System ------ Cell Sites"). Such Exhibit 4.11 sets forth that portion of the construction of ---------- the Improvements System Cell Sites that has not been completed as of the date of the Management Agreement and Site Work the budgeted cost of such completion. Subject to the Management Agreement, AT&T PCS covenants and agrees to use its commercially reasonable efforts to complete such construction on or prior to the Closing Date; provided, that (i) AT&T PCS shall not be obligated to complete such construction (it being understood and agreed by the Company that the completion of such construction shall not be a condition to Closing hereunder), and (ii) except as set forth in accordance with the Plans and Specifications and Engineering Plansnext succeeding sentence, Landlord the Company shall have no rights of any nature whatsoever against AT&T PCS arising from any failure on the part of AT&T PCS to complete such construction. In the event that AT&T PCS has not completed such construction on or prior to the Closing Date, the Company shall receive at the Closing a credit against the Cash Purchase Price in respect of each item not completed in an amount equal to the budgeted cost for such item on Exhibit 4.11. In the event that the Management Agreement shall have been terminated, at least ten (10) Business Days prior to the Closing Date, AT&T PCS shall deliver to Tenant the Company a certificate, signed by an authorized representative, setting forth the status of such construction and with respect to any portion of such construction that has not been completed, the corresponding amount by which the Cash Purchase Price shall be reduced. The Company shall have a period of five (a5) Business Days to review such certificate and provide AT&T PCS with written notice of any objections or corrections thereto that the Company may have. An initial adjustment to the Cash Purchase Price based upon the undisputed items shown on such certificate shall be made at Closing. To the extent that disputed items exist, a current "as-built" survey final adjustment to the Cash Purchase Price shall be determined jointly by the Company and AT&T PCS on or prior to the twentieth (20/th/) Business Day following the Closing Date. In the absence of mutual agreement regarding such final adjustment within such twenty (20) day period, the parties shall engage the Independent Accountant to determine the amount of the Premises, (b) Landlord's written Certification that construction adjustment to be made pursuant to this Section 4.11. The determination of the Improvements Independent Accountant shall be final, binding and Site Work conclusive on the parties hereto, and the fees and expenses of the Independent Accountant shall be borne equally by the parties. Notwithstanding anything to the contrary contained herein, in the event that the Management Agreement shall be in effect on the Closing Date, AT&T PCS shall have no obligation to credit against the Cash Purchase Price any such cost of construction that has not been completed on or prior to the Closing Date; it being understood that in accordance all applicable governmental requirements, accompanied by such event nothing contained herein shall affect the certification obligations of XxXxxxxx Xxxxx and Partners that AT&T PCS to the Company pursuant to the Management Agreement with respect to such construction has been completed in accordance with the Plans and Specifications, the certification of the Engineers that such construction has been completed in accordance with the Engineering Plans, and (c) satisfactory evidence that the Premises is free of liens or claims of lien arising from the construction of the Improvements by Landlord. Landlord and Tenant shall then conduct a final joint inspection of the Improvements and Site Work and shall agree that construction is complete or agree upon a minor "punchlist" of items with the cost of completion not exceeding Ten Thousand and 00/100 Dollars ($10,000.00) to be completed, which in such case Landlord shall promptly and diligently complete. Upon completion of construction as outlined above (excluding agreed upon minor punchlist items to be completed by Landlord), Landlord shall be deemed to have assign to Tenant all applicable warranties granted Landlord by Landlord's contractors, subcontractors, suppliers and agents during and after the construction of the Premises; provided, however, if any of such warranties are not assignable and it becomes necessary to enforce such warranties, Landlord covenants that, upon notice from Tenant, it will promptly and fully enforce such warranties on behalf of Tenant and remit any proceeds (net of enforcement costs) to Tenantconstruction.

Completion of Construction. At such time as Landlord Northern Builders hereby agrees that (i) it shall complete construction of the Improvements and Site Work in accordance with pursuant to the Plans and Specifications and Engineering Plansbuilding permit from the City of Joliet, Landlord shall deliver to Tenant Illinois (athe “City”) a current "as-built" survey of the Premises, (b) Landlord's written Certification that construction of the Improvements and Site Work has been completed in accordance all applicable governmental requirements, accompanied by the certification of XxXxxxxx Xxxxx and Partners that such construction has been completed in accordance with the Plans and Specifications, the certification of the Engineers that such construction has been completed in accordance with the Engineering Plans, and (c) satisfactory evidence that the Premises is free of liens or claims of lien arising from for the construction of the Improvements by Landlord. Landlord and Tenant shall then conduct a final joint inspection of the Improvements and Site Work and shall agree that construction is complete or agree upon a minor "punchlist" of items in accordance with the cost of completion not exceeding Ten Thousand and 00/100 Dollars all applicable laws, rules, regulations, statutes, codes and/or ordinances ($10,000.00) to be completedcollectively, which in such case Landlord shall promptly and diligently complete. Upon completion of construction as outlined above (excluding agreed upon minor punchlist items to be completed by Landlord“Applicable Laws”), Landlord shall be deemed subject to have assign to Tenant all applicable warranties granted Landlord extension by Landlord's contractors, subcontractors, suppliers and agents during and after reason of Unavoidable Delays; (ii) it will Substantially Complete the construction of the Improvements in accordance with the Approved Plans and Specifications and the Building Specifications set forth on Exhibit D to the Lease on or before the date set forth in the Lease, subject to extension by reason of Unavoidable Delays; and (iii) it will thereafter complete all of the Punch List Items within a reasonable period of time. In addition, Northern Builders agrees to make timely payment of all amounts owed to its subcontractors and material suppliers in connection with the construction of the Improvements so as to avoid the filing of mechanics’ liens against the Leased Premises; provided, however, that Northern Builders shall not be deemed in default of its obligations with respect to the timely payment of amounts owed to its subcontractors or material suppliers if a mechanic’s lien claim or claims are filed as a result of a bona fide dispute between Northern Builders and such lien claimant so long as Northern Builders is diligently contesting the same, arranges for a bond to be posted to effectively release the property from any such mechanic’s lien, and shall pay any amounts finally determined or agreed to be due. For purposes of such warranties this Agreement, “Unavoidable Delays” shall mean delays in the commencement or progress of construction, as the case may be, caused by Andrew’s delay in approving the final plans and specifications for the Improvements or changes, deletions or additions in the Approved Plans and Specifications requested by Axxxxx, strikes, lockouts, casualties, acts of God, war, material or labor shortages, governmental regulation or control, adverse weather or seasonal related conditions that are not assignable and it becomes necessary an impediment to enforce such warrantiesconstruction, Landlord covenants that, upon notice from Tenant, it will promptly and fully enforce such warranties on behalf delays initiated by the City or other causes beyond the reasonable control of Tenant and remit any proceeds (net of enforcement costs) to TenantNorthern Builders.