Common use of Completion of Construction Clause in Contracts

Completion of Construction. As set forth above, Landlord anticipates that the Final Condition Date will be May 21, 2018 and that Final Condition will constitute the “Completion of Construction” (“Current CofO Date”). All Construction Delay Payments which are attributable to the period prior to the Current CofO Date will be at Landlord’s sole cost and expense. If the “Completion of Construction” (as defined in the Xxxxx 00 Xxxxxxxx Xxxxxxxxx) for the Buildings in at least the Initial Required Square Footage does not occur by June 15, 2018 solely as a result of any Tenant Delay (i.e., Landlord would otherwise have achieved Completion of Construction of at least the Initial Required Square Footage by such date, but for such Tenant Delay), then Tenant shall pay to Landlord, within five (5) business days of written request from Landlord setting forth the amount due, the Construction Delay Payment required to be paid to Focil as a consequence of Landlord having failed to achieve such Completion of Construction by such date. Thereafter, Tenant shall be responsible for a Construction Delay Payment (i) in the case of the Initial Required Square Footage, for any subsequent six-month period, and (ii) in the case of the Minimum Square Footage, as of December 15, 2020 and any six-month period thereafter, if Landlord fails to achieve Completion of Construction with respect to the Initial Required Square Footage or the Minimum Square Footage, as the case may be, solely as a result of any Tenant Delay occurring within each such six-month period in the case of the Initial Required Square Footage or on or before December 15, 2020 or within each six-month period thereafter in the case of the Minimum Square Footage At any time, if Landlord determines in its reasonable discretion that it will be more cost effective to make the “First Phase Final Payment” and/or the “Second Phase Final Payment” (as defined in the Block 40 Purchase Agreement), Landlord shall notify Tenant in writing thereof, which written notice shall include the calculation set forth in Section 25.6.1 or 25.6.2, as applicable, of the Xxxxx 00 Xxxxxxxx Agreement, and Tenant shall pay to Landlord within five (5) business days following the date of such notice, the portion of such amount that is allocable to Tenant as a consequence of the delay in Completion of Construction solely caused by the Tenant Delay.

Completion of Construction. As A. Tenant shall not be permitted to, and shall not, open for business in the Premises until the “Opening Requirements” set forth above, below are met. In order that Landlord anticipates shall have assurance that the Premises shall be in a good and safe condition, in compliance with all laws, that adequate insurance has been obtained, that the Premises has been constructed in accordance with the Final Condition Date will be May 21, 2018 Working Drawings and that Final Condition will constitute Tenant’s obligations under the Lease have been performed, the following requirements (the “Completion of Construction” (“Current CofO DateOpening Requirements”)) shall be satisfied: 1. All Construction Delay Payments which are attributable to the period prior to the Current CofO Date will be at Landlord’s sole cost and expense. If the “Completion of Construction” (as defined in the Xxxxx 00 Xxxxxxxx Xxxxxxxxx) for the Buildings in at At least the Initial Required Square Footage does not occur by June 15, 2018 solely as a result of any Tenant Delay (i.e., Landlord would otherwise have achieved Completion of Construction of at least the Initial Required Square Footage by such date, but for such Tenant Delay), then Tenant shall pay to Landlord, within five (5) days prior to the opening of the Premises for business, Tenant shall deliver to Landlord (a) insurance certificates evidencing Tenant’s compliance with Article XI of the Lease; (b) a permanent certificate of occupancy or its equivalent; and (c) all evidence typically required in the jurisdiction where the Development is located to provide evidence of compliance with all applicable building and fire codes and all other government requirements. 2. Tenant shall give Landlord at least five (5) days’ notice of the date of completion of Tenant’s Work in the Premises, and Landlord shall have inspected the Premises to determine whether Tenant’s Work is complete in accordance with the requirements of the Lease and Landlord shall have approved all such work. After Landlord’s inspection of Tenant’s Work in the Premises, Landlord shall issue a punch list indicating those items not in compliance with the Standards. Within fifteen (15) business days of written request from receipt of said punch list, Tenant or Xxxxxx’s General Contractor shall perform such work and notify Landlord setting forth of its completion. 3. Tenant shall pay Landlord all Minimum Annual Rental and Additional Rent which has then accrued under the amount dueLease. No approval by Landlord shall make Landlord responsible for the condition of the Premises or constitute a representation by Landlord of compliance with any applicable requirements or constitute a waiver of any rights and remedies that Landlord may have under this Lease or at law or in equity. If Tenant shall open the Premises in violation of the requirements of this Article VIII, such action by Tenant shall constitute a material default under this Lease. On the Construction Delay Payment required to be paid to Focil as a consequence of Landlord having failed to achieve such Completion of Construction by such date. Thereafterdate Tenant opens for business in the Premises, Tenant shall be responsible for a Construction Delay Payment (i) deemed to have accepted the Premises and agrees that it is in the case condition, with respect to any of the Initial Required Square FootageLandlord’s obligations, for which is required under this Lease. The Opening Requirements shall apply not only to Tenant’s initial construction, but to any subsequent six-month periodopening after any temporary closure, casualty, damage or permitted alterations. B. Within fifteen (15) days after completion of Tenant’s Work, Tenant shall deliver to Landlord the following: 1. Xxxxxx’s final notarized original affidavit that Xxxxxx’s Work has been completed to Xxxxxx’s satisfaction and (ii) in strict accordance with the case Final Working Drawings and Tenant’s Construction Requirements, which affidavit may be relied on by Landlord. Any deliberate or negligent misstatement, or any false statement made by Tenant therein, shall constitute a breach of this Lease. 2. The final notarized original affidavit of Xxxxxx’s General Contractor performing Xxxxxx’s Work stating that Xxxxxx’s Work has been completed in accordance with the Minimum Square FootageFinal Working Drawings and that all subcontractors, as laborers and material suppliers engaged in furnishing materials or rendering services for Tenant’s Work have been paid in full. 3. A final notarized original, unconditional waiver of December 15, 2020 and any six-month period thereafter, if Landlord fails to achieve Completion of Construction lien with respect to the Initial Required Square Footage Premises executed by Xxxxxx’s General Contractor and, if requested by Xxxxxxxx, final notarized original, unconditional waiver of liens executed by each subcontractor, laborer and material supplier engaged in or the Minimum Square Footagesupplying materials or services for Tenant’s Work. All waiver of lien documents must, as the case may bein every circumstance, solely as be totally unconditional releases. ROS/Impossible Kicks B-7 Form Rev. 08/11/2021 This Exhibit D is hereby attached to and made a result of any Tenant Delay occurring within each such six-month period in the case part of the Initial Required Square Footage or on or before December 15, 2020 or within each six-month period thereafter in Lease between Landlord and Tenant. During the case of Term and subject to the Minimum Square Footage At any time, if Landlord determines in its reasonable discretion that it will be more cost effective to make the “First Phase Final Payment” and/or the “Second Phase Final Payment” (as defined in the Block 40 Purchase Agreement), Landlord shall notify Tenant in writing thereof, which written notice shall include the calculation terms and conditions set forth in Section 25.6.1 or 25.6.2the Lease, as applicable, of the Xxxxx 00 Xxxxxxxx Agreement, and Tenant shall pay to Landlord within five an annual ventilating and air conditioning Service Charge (5“Annual VAC Service Charge”) business days following for conditioned air furnished by Landlord for ventilating and cooling the date Premises via variable air volume boxes furnished and installed by Tenant in accordance with the provisions of such noticeExhibit B, the portion Tenant Criteria Manual and Engineering Design Criteria. The initial estimated Annual VAC Service Charge is set forth on the Data Sheet. I. The Annual VAC Service Charge shall be calculated as follows: (TVACF/Sum of all Tenant TVACF’s) X LOMC. II. Tenant shall pay Landlord the Annual VAC Service Charge, as Additional Rent, in twelve (12) equal consecutive monthly installments in the same manner and at the place provided in the Lease. III. If Tenant desires to receive conditioned air service before or after the hours during which such amount that service is allocable normally furnished, such service will be furnished at a charge to Tenant as a consequence be determined by Landlord. IV. For purposes of this Exhibit D only, the delay in Completion of Construction solely caused by following terms shall have the Tenant Delay.following meanings:

Completion of Construction. A. The commencement date of the Lease for the Original Premises shall be the earlier of July 1, 1997 or the date upon which Landlord causes the construction of the Original Premises to be substantially complete (as hereinafter defined) in accordance with the plans and specifications referenced on Exhibit "B", attached hereto and incorporated herein by reference, which Exhibit "B" shall supersede in all respects the Exhibit "B" attached to the Original Lease. As set forth aboveused herein, the construction of the Original Premises shall be deemed to be "substantially complete" when the construction of the Original Premises is completed to the extent (i) that a certificate of occupancy has been issued therefor, (ii) Landlord has tendered possession thereof to Tenant and (iii) otherwise in accordance with plans and specifications referenced on Exhibit "B", as certified by Landlord's architect, with only minor punch list items to be completed, the lack of completion of which will not impair Tenant's occupancy of or conduct of Tenant's usual business from the Premises. Following such substantial completion of the Original Premises, Landlord anticipates shall have a reasonable period, not to exceed thirty (30) days, to complete and remedy any items shown on the punch list that Landlord and Tenant shall mutually agree upon within the Final Condition Date will first ten (10) days after Tenant takes occupancy of the Original Premises. B. In the event that Landlord fails to deliver the Original Premises to Tenant substantially complete on or before July 1, 1997, then Tenant shall be May 21entitled to a credit against all rent payable under the Lease for the period of such delay in an amount equal to one hundred fifty percent (150%) of the daily rent payable under the Lease, 2018 computed on a daily basis for each day of such delay, commencing on July 1, 1997 and continuing until Landlord has delivered the Original Premises to Tenant substantially complete. Such credit shall be taken and withheld by Tenant against the first installments of rent due hereunder until fully recovered by Tenant, at which time full rental shall recommence. (By way of example, in the event that Final Condition will constitute Landlord fails to deliver the “Completion of Construction” (“Current CofO Date”). All Construction Delay Payments which are attributable Original Premises substantially complete until July 3, 1997, then Tenant's rent shall be abated until July 6, 1997.) Notwithstanding the foregoing, Tenant shall have no right to the period prior credit as specified in this subparagraph B as the result of (i) Tenant's request for materials, finishes or other installations or change orders other than Landlord's standard and other than those reflected on Exhibit "B", which request causes an actual delay in Landlord's substantial completion as a result of unavailability, additional time to the Current CofO Date will be at Landlord’s sole cost and expense. If the “Completion complete or other factors causing an actual delay of Construction” which Landlord gives Tenant notice immediately upon such request by Tenant, (as defined ii) any delay in the Xxxxx 00 Xxxxxxxx Xxxxxxxxx) for the Buildings in at least the Initial Required Square Footage does not occur by June 15, 2018 solely performance or completion as a result of any party employed by Tenant Delay including any delay resulting from failure of the plans provided by Sxxxx Xxxxx to comply with governmental requirements (i.e.(i) - (ii) are hereinafter collectively referred to as "Tenant Delays") or (iii) delay in substantial completion caused by civil commotion, war, war-like operations, invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulations or controls (but only to the extent such regulations are not now in existence, or, if now in existence, are arbitrarily imposed or delayed by public officials over which Landlord has no control), fire or other casualty or Act of God after the date of the First Amendment (provided that weather delays shall only constitute Acts of God to the extent such weather occurs after the date of this First Amendment and actually prevents the delivery or installation of materials, supplies or workers to the Original Premises (hereinafter collectively referred to as "Force Majeure Delays"). C. The commencement date of the Lease for the Additional Premises shall be the earlier of September 1, 1997 or the day upon which Landlord causes the construction of the Additional Premises to be substantially complete (as defined above) in accordance with the plans and specifications referenced on Exhibit "B". Following substantial completion of the Additional Premises, Landlord would otherwise shall have achieved Completion a reasonable period, not to exceed thirty (30) days, to complete and remedy any items shown on the punch list that Landlord and Tenant shall mutually agree upon within the first ten (10) days after Tenant (or Tenant's permitted sublessee) takes occupancy of Construction of at least the Initial Required Square Footage by such dateAdditional Premises. D. In the event that Landlord fails to deliver the Additional Premises to Tenant substantially complete on or before September 15, but for such Tenant Delay)1997, then Tenant shall pay be entitled to Landlorda credit against the base rent payable under the Lease for the Additional Premises for the period of such delay in an amount equal to one hundred fifty percent (150%) of such daily rent, within five (5) business days computed on a daily basis for each day of written request from such delay, commencing September 15, 1997 and continuing until Landlord setting forth has delivered the amount dueAdditional Premises to Tenant substantially complete. Such credit shall be taken and withheld by Tenant against the next incurring installments of rent due under the Lease until fully recouped by Tenant, at which time full rental shall recommence. Notwithstanding the Construction Delay Payment required to be paid to Focil as a consequence of Landlord having failed to achieve such Completion of Construction by such date. Thereafterforegoing, Tenant shall be responsible for a Construction Delay Payment (i) have no right to the credit as specified in the case of the Initial Required Square Footage, for any subsequent six-month period, and (ii) in the case of the Minimum Square Footage, as of December 15, 2020 and any six-month period thereafter, if Landlord fails to achieve Completion of Construction with respect to the Initial Required Square Footage or the Minimum Square Footage, as the case may be, solely immediately preceding sentences as a result of any Tenant Delay occurring within each such six-month period in the case of the Initial Required Square Footage Delays or on or before December 15, 2020 or within each six-month period thereafter in the case of the Minimum Square Footage At any time, if Landlord determines in its reasonable discretion that it will be more cost effective to make the “First Phase Final Payment” and/or the “Second Phase Final Payment” (as defined in the Block 40 Purchase Agreement), Landlord shall notify Tenant in writing thereof, which written notice shall include the calculation set forth in Section 25.6.1 or 25.6.2, as applicable, of the Xxxxx 00 Xxxxxxxx Agreement, and Tenant shall pay to Landlord within five (5) business days following the date of such notice, the portion of such amount that is allocable to Tenant as a consequence of the delay in Completion of Construction solely caused by the Tenant DelayForce Majeure Delays.

Completion of Construction. As set forth aboveFor purposes of determining compliance with the Project Schedule, Landlord anticipates each phase of Homes shall be deemed completed on the date ("COMPLETION DATE") which is the earlier of the date upon which each Home in a phase is sold or each of the following conditions shall have been satisfied: (a) Completion of construction of the Homes in accordance with the Plans and Specifications, and if required by Lender, its receipt of a Certificate of Completion from the Builder certifying that the Final Condition Date will be May 21, 2018 Homes have been completed substantially in accordance with the Plans and that Final Condition will constitute Specifications. (b) Receipt by Lender of a copy of a recorded valid Notice of Completion sufficient to effect the “Completion purpose of Construction” such notice as contemplated by the laws of the State in which the Homes are located relative to mechanics' liens. (“Current CofO Date”). All Construction Delay Payments which are attributable to c) Receipt by Lender of the period prior to the Current CofO Date will be at Landlord’s sole cost and expense. If the “Completion final Certificate(s) of Construction” (as defined in the Xxxxx 00 Xxxxxxxx Xxxxxxxxx) Occupancy for the Buildings in Homes issued by the appropriate governmental authority having jurisdiction. (d) Receipt by Lender of such title insurance endorsements as it may require to its Title Policy insuring that the Homes have been completed free of mechanics' liens, or, at least Lender's election, an ALTA rewrite of the Initial Required Square Footage does not occur by June 15, 2018 solely Title Policy together with such endorsements thereto as a result Lender may require. (e) The absence of any Tenant Delay liens on record arising out of the construction of the Homes; provided, however, that if there are any such liens, Borrower shall have made arrangements satisfactory to Lender for the disposition or bonding thereof. (i.e.f) Upon completion of construction, Landlord would otherwise have achieved if requested by Lender, Borrower shall deliver to Lender a Completion of Construction of at least Certificate containing the Initial Required Square Footage by such date, but for such Tenant Delay), then Tenant shall pay to Landlord, within five (5) business days of written request from Landlord setting forth the amount due, the Construction Delay Payment required to be paid to Focil as a consequence of Landlord having failed to achieve such Completion of Construction by such date. Thereafter, Tenant shall be responsible for a Construction Delay Payment following: (i) in the case Borrower's statement of the Initial Required Square Footage, for any subsequent six-month periodaggregate amount of costs incurred in connection with the construction of the Homes but not paid by Borrower before the Completion Date, and (ii) in the case Borrower's certification that no portion of the Minimum Square Footage, as of December 15, 2020 and any six-month period thereafter, if Landlord fails to achieve Completion of Construction with respect to the Initial Required Square Footage or the Minimum Square Footage, as the case may be, solely as a result of any Tenant Delay occurring within each such six-month period in the case proceeds of the Initial Required Square Footage Loan has been applied to pay or on reimburse any costs or before December 15, 2020 or within each six-month period thereafter in the case of the Minimum Square Footage At any time, if Landlord determines in its reasonable discretion that it will be more cost effective to make the “First Phase Final Payment” and/or the “Second Phase Final Payment” (expenses other than as defined in the Block 40 Purchase Agreement), Landlord shall notify Tenant in writing thereof, which written notice shall include the calculation set forth in Section 25.6.1 or 25.6.2the Approved Budget. The certificates, as applicablenotices, of the Xxxxx 00 Xxxxxxxx Agreement, endorsements and Tenant other matters referred to in Sections 5.4(a) through (f) shall pay be delivered to Landlord within five (5) business days following the date of such notice, the portion of such amount that is allocable to Tenant as a consequence of the delay in Completion of Construction solely caused by the Tenant DelayLender upon Lender's request thereafter.

Completion of Construction. As set forth aboveTenant agrees that Substantial Completion of the Improvements, Landlord anticipates that in accordance with the Final Condition Date will be May 21Plans, 2018 and that Final Condition will constitute furnishing of the Improvements for occupancy under Permitted Leases shall occur on or before July 31, 2016 (the “Substantial Completion of Construction” (“Current CofO Date”), and thereafter Tenant shall complete the construction and furnishing of the Improvements in accordance with all provisions of this Lease. All Construction Delay Payments which are attributable If Substantial Completion and the fixturing and furnishing of the Improvements, in accordance with the Plans, have not occurred on or before the Substantial Completion Date for any reason, including but not limited to a Force Majeure Event, Tenant shall, at Tenant’s expense, provide suitable housing approved by Landlord in its reasonable discretion, for all Student Residents with whom Tenant has entered into Permitted Residential Leases and who cannot occupy the Improvements, until Substantial Completion and the fixturing and furnishing of the Improvements have occurred. Landlord agrees that it will cooperate with Tenant to house any such Student Residents, including renting rooms in Existing University Housing (to the period prior extent that the University has vacancies in Existing University Housing at the beginning of the 2016-2017 Academic Year which the University does not reasonably expect to be occupied by a full-time resident during the 2016-2017 Academic Year) to Tenant at the student rental rate that the University charges for the 2016-2017 Academic Year for the facility at which Tenant houses any such Student Resident. Notwithstanding the foregoing or anything set forth in Article 28 to the Current CofO Date will be at Landlord’s sole cost and expense. If the “contrary, if Substantial Completion of Construction” (as defined the Improvements has not occurred by the Substantial Completion Date due to the occurrence of a Force Majeure Event, the date by which Tenant must achieve Substantial Completion of the Improvements shall be extended by the number of days equal to the number of days Tenant is delayed in achieving Substantial Completion of the Xxxxx 00 Xxxxxxxx Xxxxxxxxx) for the Buildings in at least the Initial Required Square Footage does not occur by June 15, 2018 solely Improvements as a result of any Tenant Delay (i.e., Landlord would otherwise have achieved such Force Majeure Event; provided that in no event shall Substantial Completion of Construction of at least the Initial Required Square Footage by such dateImprovements occur later than July 31, but for such Tenant Delay), then Tenant shall pay to Landlord, within five (5) business days of written request from Landlord setting forth the amount due, the Construction Delay Payment required to be paid to Focil as a consequence of Landlord having failed to achieve such Completion of Construction by such date. Thereafter, Tenant shall be responsible for a Construction Delay Payment (i) in the case of the Initial Required Square Footage, for any subsequent six-month period, and (ii) in the case of the Minimum Square Footage, as of December 15, 2020 and any six-month period thereafter, if Landlord fails to achieve Completion of Construction with respect to the Initial Required Square Footage or the Minimum Square Footage, as the case may be, solely as a result of any Tenant Delay occurring within each such six-month period in the case of the Initial Required Square Footage or on or before December 15, 2020 or within each six-month period thereafter in the case of the Minimum Square Footage At any time, if Landlord determines in its reasonable discretion that it will be more cost effective to make the “First Phase Final Payment” and/or the “Second Phase Final Payment” (as defined in the Block 40 Purchase Agreement), Landlord shall notify Tenant in writing thereof, which written notice shall include the calculation set forth in Section 25.6.1 or 25.6.2, as applicable, of the Xxxxx 00 Xxxxxxxx Agreement, and Tenant shall pay to Landlord within five (5) business days following the date of such notice, the portion of such amount that is allocable to Tenant as a consequence of the delay in Completion of Construction solely caused by the Tenant Delay2017.

Completion of Construction. As set forth above11.1 The Vendor agrees to deliver the Scheduled Flat completed in all respects on or before the date mentioned in Annexure-A with a further grace period of 6 months. In case of delay beyond the date of delivery and after a further grace period of 6 months the Purchaser shall be entitled to compensation for delay in completion at the rate of Rs. 8/- per sft per month, Landlord anticipates that being the Final Condition Date will average expected rent for the Schedule Flat. The Purchaser shall be May 21entitled to such a compensation for delay in completion, 2018 if and that Final Condition will constitute only if, the “Completion of Construction” (“Current CofO Date”). All Construction Delay Payments which are attributable Purchaser has paid the entire sale consideration to the period prior Vendor. The Purchaser agrees to limit their claims for delay in completion to the Current CofO Date will said amount. 11.2 The Vendor shall not be at Landlord’s sole cost and expenseresponsible for delay in completion in case of delay in payment by the Purchaser. If In case of delay in payment of installments by the “Completion of Construction” (as defined in Purchaser to the Xxxxx 00 Xxxxxxxx Xxxxxxxxx) for the Buildings in at least the Initial Required Square Footage does not occur by June 15, 2018 solely as a result of any Tenant Delay (i.e., Landlord would otherwise have achieved Completion of Construction of at least the Initial Required Square Footage by such date, but for such Tenant Delay)Vendor, then Tenant the delay in payment in no. of days for each installment the payment has been delayed shall pay be added to Landlordthe date of completion mentioned in Annexure – A. 11.3 That upon completion of construction of the Scheduled Flat the Vendor shall intimate to the Purchaser the same at his last known address or by way of email and the Purchaser shall be obliged to take possession thereof, within five (5) business days subject to the condition that he has fulfilled all his obligations including payment of written request from Landlord setting forth the amount dueentire consideration hereunder according to the terms hereof strictly. After such intimation, the Construction Delay Payment required Vendor shall not be liable or responsible for any loss, theft, breakage, damages, trespass and the like and the Purchaser shall also be obliged to pay monthly maintenance charges to the Vendor or the respective society or Association. The Vendor shall be paid entitled to Focil recover such dues, if any, from the Purchaser. 11.4 That from the intimation as a consequence to possession or completion of Landlord having failed to achieve such Completion the Scheduled Flat or date of Construction by such date. Thereafterreceipt of possession of the flat, Tenant whichever is earlier the Purchaser shall be responsible for a Construction Delay Payment (i) in the case payment of the Initial Required Square Footageall taxes, for any subsequent six-month periodlevies, and (ii) in the case of the Minimum Square Footagerates, as of December 15dues, 2020 and any six-month period thereafterduties charges, if Landlord fails to achieve Completion of Construction expenses, etc. that may be payable with respect to the Initial Required Square Footage Schedule Flat including municipal taxes, water and electricity charges either assessed/charged individually or collectively and such other taxes, monthly maintenance charges payable to the Minimum Square FootageOwners Association, etc. payable to the Government or other local bodies or any other concerned body or authority, etc. The Vendor shall be entitled to recover such dues, if any, from the Purchaser. 11.5 The Housing Project is proposed to be completed in phases and the schedule date of completion of the entire Housing Project may not have been specified. The Vendor proposes to complete the Scheduled Flat as given above along with the basic common amenities and utility services. The Purchaser shall not raise any objection to the non- completion or delay in completion of other flats or blocks of flats as long as the case may be, solely as a result of any Tenant Delay occurring within each such six-month period in the case Purchaser is able to enjoy possession of the Initial Required Square Footage Scheduled Flat without any reasonable let or on or before December 15hindrance. 11.6 The Vendor at his discretion may withhold the final finishing works like last coat of paint, 2020 or within each six-month period thereafter in floor polish, installation of CP and sanitary xxxx, etc. till such time the case Purchaser confirms his readiness to take possession of the Minimum Square Footage At any timeSchedule Flat. However, if Landlord determines in its reasonable discretion that it will be more cost effective to make for the “First Phase Final Payment” and/or the “Second Phase Final Payment” (as defined in the Block 40 Purchase Agreement), Landlord shall notify Tenant in writing thereof, which written notice shall include the calculation set forth in Section 25.6.1 or 25.6.2, as applicable, purposes of the Xxxxx 00 Xxxxxxxx Agreement, and Tenant shall pay to Landlord within five (5) business days following determining the date of completion such noticefinal works which may not be completed shall not be considered. Further, it is agreed that the portion of such amount final finishing works shall be withheld to ensure that the completed flat is allocable handed over to Tenant as the Purchaser in a consequence of the delay in Completion of Construction solely caused by the Tenant Delaybrand new condition.

Completion of Construction. As set forth above, Landlord anticipates that (a) Borrower shall diligently and continuously cause Mortgage Borrower to pursue the Final Condition Date will be May 21, 2018 and that Final Condition will constitute the “Completion achievement of Construction” (“Current CofO Date”)Completion. All Construction Delay Payments which are attributable Borrower shall cause Mortgage Borrower to the period prior to the Current CofO Date will be at Landlord’s sole cost and expense. If the “Completion of Construction” (as defined in the Xxxxx 00 Xxxxxxxx Xxxxxxxxx) for the Buildings in at least the Initial Required Square Footage does not occur by June 15, 2018 solely as a result of any Tenant Delay (i.e., Landlord would otherwise have achieved Completion of Construction of at least the Initial Required Square Footage by such date, but for such Tenant Delay), then Tenant shall pay to Landlord, within five (5) business days of written request from Landlord setting forth the amount due, the Construction Delay Payment required to be paid to Focil as a consequence of Landlord having failed to achieve such Completion of Construction by such date. Thereafter, Tenant shall be responsible for a Construction Delay Payment cause (i) in the case of the Initial Required Square Footage, for any subsequent six-month periodConstruction Work to be performed, and the Improvements to be constructed, in a good and ​ ​ workmanlike manner, free from all material defects in materials or workmanship, (ii) the Construction Work to conform in all material respects to the case Business Plan, the School Unit Purchase Agreement, the Approved Plans and all Legal Requirements, as same may be modified in accordance with the terms of this Agreement and the Mortgage Loan Agreement, (iii) the Construction Work to proceed diligently and Completion of the Minimum Square Footage, as of December 15, 2020 Construction Work and any six-month period thereafter, if Landlord fails the Improvements to achieve Completion of Construction with respect to the Initial Required Square Footage or the Minimum Square Footage, as the case may be, solely as a result of any Tenant Delay occurring within each such six-month period in the case of the Initial Required Square Footage or occur on or before December 15, 2020 or within each six-month period thereafter in the Completion Date. In the case of that there is a Force Majeure event, the Minimum Square Footage At any timeCompletion Date shall be extended on a day-for-day basis for each calendar day that Mortgage Borrower is unable to complete the Construction Work by the Completion Date, if Landlord determines in its reasonable discretion that it will be more cost effective (A) subject to make the “First Phase Final Payment” and/or the “Second Phase Final Payment” (as defined in the Block 40 Purchase Agreement), Landlord shall notify Tenant in writing thereof, which written notice shall include the calculation terms and conditions set forth in Section 25.6.1 4.1 of the Mortgage Loan Agreement and (B) provided that the Completion Date shall in no event be extended beyond November 30, 2021 (the “Outside Completion Date”), TIME BEING OF THE ESSENCE. (b) Borrower shall cause Mortgage Borrower to achieve each of the following conditions on or 25.6.2before the date specified therefor (each such condition shall be referred to individually as a “Milestone Construction Hurdle” and the corresponding dates for Mortgage Borrower to achieve such Milestone Construction Hurdle are referred to individually as a “Milestone Deadline”) in each case, as applicable, of such date may be extended due to Force Majeure on a day-for-day basis for each day that Mortgage Borrower is unable to achieve the Xxxxx 00 Xxxxxxxx Agreement, and Tenant shall pay to Landlord within five (5) business days following the date of such notice, the portion of such amount that is allocable to Tenant as a consequence of the delay in Completion of applicable Milestone Construction solely caused Hurdle by the Tenant Delay.applicable Milestone Deadline; provided, however, no Milestone Deadline shall be extended due to a Force Majeure event (i) beyond the applicable “Outside Milestone Date” set forth below, or (ii) beyond the Outside Completion Date: ​ ​ ​ ​ ​ ​ ​ ID (from Construction Timeline) Milestone Construction Hurdle (from Construction Timeline) Schedule Date (from Construction Timeline) Milestone Deadline Outside Milestone Date

Completion of Construction. As A. Tenant shall not be permitted to, and shall not, open for business in the Premises until the “Opening Requirements” set forth above, below are met. In order that Landlord anticipates shall have assurance that the Premises shall be in a good and safe condition, in compliance with all laws, that adequate insurance has been obtained, that the Premises has been constructed in accordance with the Final Condition Date will be May 21, 2018 Working Drawings and that Final Condition will constitute Tenant's obligations under the Lease have been performed, the following requirements (the “Completion of Construction” (“Current CofO DateOpening Requirements”)) shall be satisfied: 1. All Construction Delay Payments which are attributable to the period prior to the Current CofO Date will be at Landlord’s sole cost and expense. If the “Completion of Construction” (as defined in the Xxxxx 00 Xxxxxxxx Xxxxxxxxx) for the Buildings in at At least the Initial Required Square Footage does not occur by June 15, 2018 solely as a result of any Tenant Delay (i.e., Landlord would otherwise have achieved Completion of Construction of at least the Initial Required Square Footage by such date, but for such Tenant Delay), then Tenant shall pay to Landlord, within five (5) business days prior to the opening of written request from Landlord setting forth the amount due, the Construction Delay Payment required to be paid to Focil as a consequence of Landlord having failed to achieve such Completion of Construction by such date. ThereafterPremises for business, Tenant shall be responsible for a Construction Delay Payment deliver to Landlord (ia) in the case of the Initial Required Square Footage, for any subsequent six-month period, and insurance certificates; (iib) in the case of the Minimum Square Footage, as of December 15, 2020 and any six-month period thereafter, if Landlord fails to achieve Completion of Construction with respect to the Initial Required Square Footage mechanics' or the Minimum Square Footage, construction lien waivers as the case may be, solely as required by the Lease including this Exhibit B; (c) a result permanent certificate of any Tenant Delay occurring within each such six-month period occupancy or its equivalent; (d) certificate by Tenant's Architect certifying that the construction of the Premises has been completed in accordance with all plans and specifications approved by Landlord; and (e) all evidence typically required in the case jurisdiction where the Shopping Center is located to provide evidence of the Initial Required Square Footage or on or before December 15, 2020 or within each six-month period thereafter in the case of the Minimum Square Footage At any time, if Landlord determines in its reasonable discretion that it will be more cost effective to make the “First Phase Final Payment” and/or the “Second Phase Final Payment” (as defined in the Block 40 Purchase Agreement), Landlord shall notify Tenant in writing thereof, which written notice shall include the calculation set forth in Section 25.6.1 or 25.6.2, as applicable, of the Xxxxx 00 Xxxxxxxx Agreement, compliance with all applicable building and fire codes and all other government requirements. 2. Tenant shall pay to give Landlord within at least five (5) business days following days' notice of the date of such noticecompletion of Tenant’s Work in the Premises, and Landlord shall have inspected the portion of such amount that Premises to determine whether Tenant's Work is allocable to Tenant as a consequence complete in accordance with the requirements of the delay Lease and Landlord shall have approved all such work; 3. Tenant shall pay Landlord all Minimum Annual Rental and Additional Rent which has then accrued under the Lease. No approval by Landlord shall make Landlord responsible for the condition of the Premises or constitute a representation by Landlord of compliance with any applicable requirements or constitute a waiver of any rights and remedies that Landlord may have under this Lease or at law or in Completion equity. If Tenant shall open the Premises in violation of the requirements of this Article VIII, such action by Tenant shall constitute a material default under this Lease. On the date Tenant opens for business in the Premises, Tenant shall be deemed to have accepted the Premises and agrees that it is in the condition, with respect to any of Landlord's obligations, which is required under this Lease. The Opening Requirements shall apply not only to Tenant’s initial construction, but to any subsequent opening after any temporary closure, casualty, damage or permitted alterations. B. Upon completion of Xxxxxx's Work, Tenant shall deliver to Landlord the following: 1. Xxxxxx’s final notarized original affidavit that Xxxxxx's Work has been completed to Xxxxxx's satisfaction and in strict accordance with the Final Working Drawings and Tenant's Construction solely caused Requirements, which affidavit may be relied on by Landlord. Any deliberate or negligent misstatement, or any false statement made by Tenant therein, shall constitute a breach of this Lease. 2. The final notarized original affidavit of Xxxxxx's General Contractor performing Xxxxxx's Work stating that Xxxxxx's Work has been completed in accordance with the Tenant DelayFinal Working Drawings and that all subcontractors, laborers and material suppliers engaged in furnishing materials or rendering services for Tenant's Work have been paid in full. 3. A final notarized original, unconditional waiver of lien with respect to the Premises executed by Xxxxxx's General Contractor and, if requested by Xxxxxxxx, final notarized original, unconditional waiver of liens executed by each subcontractor, laborer and material supplier engaged in or supplying materials or services for Xxxxxx's Work. All waivers of lien documents must, in every circumstance, be totally unconditional releases.

Completion of Construction. As set forth above11.1 The Vendor agrees to deliver the Scheduled Flatcompleted in all respects on or before the date mentioned in Annexure-A with a further grace period of onemonth. In case of delay beyond the date of delivery and after a further grace period of onemonths the Purchaser shall be entitled to compensation for delay in completion at the rate of Rs. 7/- per sft per month, Landlord anticipates that being the Final Condition Date will average expected rent for the Schedule Flat. The Purchaser shall be May 21entitled to such a compensation for delay in completion, 2018 if and that Final Condition will constitute only if, the “Completion of Construction” (“Current CofO Date”). All Construction Delay Payments which are attributable Purchaser has paid the entire sale consideration to the period prior Vendor. The Purchaser agrees to limit their claims for delay in completion to the Current CofO Date will said amount. 11.2 The Vendor shall not be at Landlord’s sole cost and expenseresponsible for delay in completion in case of delay in payment by the Purchaser. If In case of delay in payment of installments by the “Completion of Construction” (as defined in Purchaser to the Xxxxx 00 Xxxxxxxx Xxxxxxxxx) for the Buildings in at least the Initial Required Square Footage does not occur by June 15, 2018 solely as a result of any Tenant Delay (i.e., Landlord would otherwise have achieved Completion of Construction of at least the Initial Required Square Footage by such date, but for such Tenant Delay)Vendor, then Tenant the delay in payment in no. of days for each installment the payment has been delayed shall pay be added to Landlordthe date of completion mentioned in Annexure – A. 11.3 That upon completion of construction of the Scheduled Flatthe Vendor shall intimate to the Purchaser the same at his last known address and the Purchaser shall be obliged to take possession thereof, within five (5) business days subject to the condition that he has fulfilled all his obligations including payment of written request from Landlord setting forth the amount dueentire consideration hereunder according to the terms hereof strictly. After such intimation, the Construction Delay Payment required Vendor shall not be liable or responsible for any loss, theft, breakage, damages, trespass and the like and the Purchaser shall also be obliged to pay monthly maintenance charges to the Vendor or the respective society or Association. The Vendor shall be paid entitled to Focil recover such dues, if any, from the Purchaser. 11.4 That from the intimation as a consequence to possession or completion of Landlord having failed to achieve such Completion the Scheduled Flat or date of Construction by such date. Thereafterreceipt of possession of the Flat, Tenant whichever is earlier the Purchaser shall be responsible for a Construction Delay Payment (i) in the case payment of the Initial Required Square Footageall taxes, for any subsequent six-month periodlevies, and (ii) in the case of the Minimum Square Footagerates, as of December 15dues, 2020 and any six-month period thereafterduties charges, if Landlord fails to achieve Completion of Construction expenses, etc. that may be payable with respect to the Initial Required Square Footage Schedule Flat including municipal taxes, water and electricity charges either assessed/charged individually or collectively and such other taxes, etc. payable to the Minimum Square FootageGovernment or other local bodies or any other concerned body or authority, etc. The Vendor shall be entitled to recover such dues, if any, from the Purchaser. 11.5 The Housing Project is proposed to be completed in phases and the schedule date of completion of the entire Housing Project may not have been specified. The Vendor proposes to complete the Scheduled Flatas given above along with the basic common amenities and utility services. The Purchaser shall not raise any objection to the non- completion or delay in completion of other flatas long as the case may be, solely as a result of any Tenant Delay occurring within each such six-month period in the case Purchaser is able to enjoy possession of the Initial Required Square Footage Scheduled Flatwithout any reasonable let or on or before December 15hindrance. 11.6 The Vendor at his discretion may withhold the final finishing works like last coat of paint, 2020 or within each six-month period thereafter in floor polish, installation of CP and sanitary ware, etc. till such time the case Purchaser confirms his readiness to take possession of the Minimum Square Footage At any timeSchedule Flat. However, if Landlord determines in its reasonable discretion that it will be more cost effective to make for the “First Phase Final Payment” and/or the “Second Phase Final Payment” (as defined in the Block 40 Purchase Agreement), Landlord shall notify Tenant in writing thereof, which written notice shall include the calculation set forth in Section 25.6.1 or 25.6.2, as applicable, purposes of the Xxxxx 00 Xxxxxxxx Agreement, and Tenant shall pay to Landlord within five (5) business days following determining the date of completion such noticefinal works which may not be completed shall not be considered. Further, it is agreed that the portion of such amount final finishing works shall be withheld to ensure that is allocable the completed flatis handed over to Tenant as the Purchaser in a consequence of the delay in Completion of Construction solely caused by the Tenant Delaybrand new condition.