Common use of Completion of Improvements Clause in Contracts

Completion of Improvements. 1. Upon the Chief Executive Officer's approval of Company’s plans and specifications and when authorized to occupy the Premises and proceed with construction of improvements in accordance with the provisions of Article 2.B. and Article 6.C. and 6.D., above, and applicable law, Company shall immediately begin construction and installation of the approved Improvements, furnishings, fixtures, signage and trade fixtures at the Premises and prosecute the same diligently to completion; provided, however, that any delay in construction due to fire, earthquake, wars, or other calamity beyond the reasonable control of Company, or acts of Aviation Authority or one of its contractors, shall extend the time within which such construction and installation shall be completed. Company agrees (i) that its Improvements, fixtures, furnishings, trade fixtures and equipment to be constructed or installed in the Premises shall be completed no later than one hundred twenty (120) days after Aviation Authority notifies Company that the Premises are ready for Company to begin build out of Company’s Improvements, and (ii) that a delay in completion of any Improvements beyond such date will not postpone Company's obligation to open for business and begin paying Concession Fees to the Aviation Authority pursuant to Article 5, above, unless such delay results from causes described in the proviso to the first sentence of this Article 6.E.1., or Company has failed to complete construction of its Improvements to the Premises because it has not been afforded access by the Aviation Authority to the Premises for purposes of such construction for a period of less than one hundred twenty (120) days (in which event Company's obligation to open for business and commence paying Concession Fees with respect to the Premises shall be delayed by, as applicable, the number of days that the causes described in such proviso delayed Company's construction of its Improvements to the Premises or the number of days necessary to afford Company one hundred twenty (120) days to complete construction of its Improvements to the Premises). 2. Once Company has begun construction of any other Improvements which the Chief Executive Officer has approved the final plans and specifications thereof pursuant to Article 6.D., above, Company shall prosecute the same diligently to completion. Company shall require the designer of record and Company's mechanical, electrical and plumbing contractors or subcontractors: to (a) provide construction administration and inspection services throughout construction on the Premises, one (1) inspection weekly at a minimum, and (b) to attend weekly construction meeting with the Aviation Authority's representatives. 3. Company’s improvements to the Premises are required to be substantially completed as determined by Company's architect and engineer and the Chief Executive Officer prior to opening of the Premises for business. All punch list work shall be completed within thirty

Completion of Improvements. 1. Upon the Chief Executive Officer's approval of Company’s plans and specifications and when authorized to occupy the The Premises and proceed with construction of improvements shall be constructed in accordance with the provisions of Article 2.B. Base Plan Specifications and Article 6.C. Option Addendum as approved by the Buyer and 6.D.Seller, aboveattached hereto as Exhibits A & B. Notwithstanding the foregoing, the Base Plan Specifications and Option Addendum, and applicable lawall diagrams, Company shall immediately begin construction schematics, and installation renderings of same remain the property of Seller and any distribution of same outside of this Contract is strictly prohibited. Seller expressly reserves the right to make changes to the Base Plan Specifications and Option Addendum as may be required by governmental authority or as may be required by the on-site Premises conditions so long as the size, overall quality, and appearance of the approved Improvements, furnishings, fixtures, signage Premises are similar to that shown on the Base Plan Specifications and trade fixtures at Option Addendum. The Premises shall be deemed complete and ready to close upon the issuance of a Certificate of Occupancy by the municipality in which the Premises lies and prosecute Seller shall deliver a copy of same to Buyer at closing. The improvements shall be completed in a good and workmanlike manner, and in accordance with all applicable governmental regulations, ordinances, codes and applicable restrictions, covenants, and conditions, including without limitation, any public or private architectural controls and restrictions. Reasonable efforts shall be made by Seller to complete all work on the same diligently to completion; providedPremises in a timely manner. Notwithstanding such efforts, howeverBuyer acknowledges that construction delays can occur for a number of reasons. Seller shall not be liable for, that and Buyer hereby waives any delay right to, damages caused by delays resulting from any act or omission of Buyer, Buyer’s inspector, or any other third party acting by and on behalf of Buyer, changes or alterations in construction due to the Base Plan Specifications and Option Addendum, strikes, lockouts, fire, embargoes, windstorm, flood, earthquake, warsacts of war, or other calamity beyond the reasonable control of Companypublic laws, regulation, or acts of Aviation Authority public officials, or one by any other cause beyond Seller’s control. Should any delay occur as the result of its contractorsthe foregoing, shall extend at the option of the Seller, the estimated time within which such construction and installation to complete shall be completed. Company agrees (i) that its Improvements, fixtures, furnishings, trade fixtures and equipment to be constructed or installed in the Premises shall be completed no later than one hundred twenty (120) days after Aviation Authority notifies Company that the Premises are ready for Company to begin build out of Company’s Improvements, and (ii) that a delay in completion of any Improvements beyond such date will not postpone Company's obligation to open for business and begin paying Concession Fees to the Aviation Authority pursuant to Article 5, above, unless such delay results from causes described in the proviso to the first sentence of this Article 6.E.1., or Company has failed to complete construction of its Improvements to the Premises because it has not been afforded access automatically extended by the Aviation Authority to the Premises for purposes of such construction for a period of less than one hundred twenty (120) days (in which event Company's obligation to open for business and commence paying Concession Fees with respect to the Premises shall be delayed by, as applicable, the number of days that the causes described in resulting from such proviso delayed Company's construction of its Improvements to the Premises or the number of days necessary to afford Company one hundred twenty (120) days to complete construction of its Improvements to the Premises)delay. 2. Once Company has begun construction of any other Improvements which the Chief Executive Officer has approved the final plans and specifications thereof pursuant to Article 6.D., above, Company shall prosecute the same diligently to completion. Company shall require the designer of record and Company's mechanical, electrical and plumbing contractors or subcontractors: to (a) provide construction administration and inspection services throughout construction on the Premises, one (1) inspection weekly at a minimum, and (b) to attend weekly construction meeting with the Aviation Authority's representatives. 3. Company’s improvements to the Premises are required to be substantially completed as determined by Company's architect and engineer and the Chief Executive Officer prior to opening of the Premises for business. All punch list work shall be completed within thirty

Completion of Improvements. 1. Upon (a) As soon as practicable after the Chief Executive Officer's approval execution of Company’s plans this Agreement, Seller will complete construction of the Improvements, All costs and specifications expenses of the design and when construction of the Improvements have been and will continue to be paid by Seller. (b) At reasonable times and on reasonable notice during construction of the Improvements, Purchaser and their respective authorized representatives will have access to occupy the Premises and proceed with to all construction, job records, and information of Seller relating to the construction of improvements the Improvements for the sole purpose of determining whether the work being performed is in accordance with the provisions Plans and Specifications, as previously approved by the City of Article 2.B. and Article 6.C. and 6.D., aboveAtwater, and applicable law, Company shall immediately begin construction and installation of the approved Improvements, furnishings, fixtures, signage and trade fixtures this Agreement. Seller will at all times keep at the Premises a complete updated set of the Plans and prosecute Specifications for examination by Purchaser and their respective authorized representatives. However, Purchaser shall exercise no control, supervision or authority over the same diligently Sellers’ development of the Spec Building located on the Improved Land as Seller is the owner builder and is improving the Improved Land, as Seller sees fit, to completion; providedopenly market and sell the Improved Land, howeverunless Purchaser buys the Improved land, that any delay in construction due so as not to fire, earthquake, wars, lose the opportunity to satisfy its needs. (c) On or other calamity beyond the reasonable control of Company, or acts of Aviation Authority or one of its contractors, shall extend the time within which such construction and installation shall be completed. Company agrees (i) that its Improvements, fixtures, furnishings, trade fixtures and equipment to be constructed or installed in the Premises shall be completed no later than one hundred twenty (120) before 90 days after Aviation Authority notifies Company that execution and delivery of this Agreement by the Premises are ready for Company parties (“Completion Date”), Seller agrees to begin build out cause the Completion of Company’s Improvementsthe Improvements substantially in accordance with the Plans and Specifications, as previously approved by the City of Atwater, and (ii) that as set forth in this Agreement in a delay in completion of any Improvements beyond such date will not postpone Company's obligation to open for business good and begin paying Concession Fees to the Aviation Authority pursuant to Article 5, above, unless such delay results from causes described in the proviso to the first sentence of this Article 6.E.1., or Company has failed to complete construction of its Improvements to the Premises because it has not been afforded access by the Aviation Authority to the Premises for purposes of such construction proper manner. The Completion Date may be extended for a period of less than one hundred twenty time, not to exceed sixty (12060) days in the aggregate, equal to any period of Permitted Delays. The completion of the Improvements (“Completion of the Improvements”) will be deemed to have happened on the occurrence of all of the following: (i) the Improvements have been substantially completed in which event Company's obligation accordance with the Plans and Specifications, on file with the City of Atwater; (ii) the appropriate Governmental Authorities have issued a permanent certificate of occupancy for the building shell and any space required to open be ready for business occupancy; (iii) Seller and commence paying Concession Fees with respect General Contractor have certified to Purchaser that all of the costs for the construction and Completion of the Improvements have been paid in full, including, without limitation, payment for services rendered and material delivered by mechanics, materialmen, suppliers, architects, engineers, subcontractors, and the like, except for Retainage, Punch List Holdbacks, and any costs not yet incurred. (iv) Purchaser has received reasonably satisfactory evidence that (A) all utilities reflected on the Plans and required for the use and occupancy of the Improvements enter the Improved Land from adjacent public rights-of-way or through valid and appurtenant easements that will be transferred to Purchaser and have been installed, (B) any hookup, tap-on, or connection fees and charges for those utilities have been paid, (C) the installation of the utilities has been approved by the various utility companies, and (D) utility service to the Premises shall be delayed by, as applicable, has commenced; (v) Purchaser has received the number of days Title Commitment; (vi) Seller has notified Purchaser that the causes described in such proviso delayed Company's construction of its Improvements to the Premises or the number of days necessary to afford Company one hundred twenty (120) days to complete construction of its Improvements to the Premises). 2. Once Company has begun construction of any other Improvements which the Chief Executive Officer has approved the final plans and specifications thereof pursuant to Article 6.D., above, Company shall prosecute the same diligently to completion. Company shall require the designer of record and Company's mechanical, electrical and plumbing contractors or subcontractors: to (a) provide construction administration and inspection services throughout construction on the Premises, one (1) inspection weekly at a minimumhave been Completed, and (b) Seller has delivered to attend weekly construction meeting with the Aviation Authority's representatives. 3. Company’s improvements to the Premises are required to be substantially completed as determined by Company's architect and engineer and the Chief Executive Officer prior to opening Purchaser all of the Premises for business. All punch list work shall be completed within thirtyitems required by this Agreement.

Completion of Improvements. 1. a. Upon the Chief Executive Officer's Director’s approval of the Rail Company’s plans Plans and specifications Specifications and when authorized to occupy the Premises and proceed with construction of improvements Improvements in accordance with the provisions of this Article 2.B. and Article 6.C. and 6.D., above6, and applicable law, Company the Rail Company, as applicable, shall immediately promptly begin construction and installation of the approved Improvements, furnishings, fixtures, signage and trade fixtures at the portion of the Premises approved and prosecute the same diligently to completion; provided, howeversubject to Force Majeure Events. The Rail Company’s designer of record and the Rail Company’s mechanical, that any delay in electrical and plumbing contractors or subcontractors: shall (a) provide construction due to fireadministration and observation services throughout construction on the Premises, earthquakeone (1) inspection bi-monthly at a minimum, wars, or other calamity beyond and (b) shall attend bi-monthly construction meetings with the reasonable control of Rail Company, or acts of Aviation Authority or one of its contractors, shall extend ’s and the time within which such construction and installation shall be completedAuthority’s representatives. The Rail Company agrees (i) that its Improvements, fixtures, furnishings, trade fixtures and equipment to be constructed or installed in each portion of the Premises shall be completed no later than one hundred twenty (120) days after Aviation the Authority notifies the Rail Company that the Premises are ready for the Rail Company to begin build out of Company’s ImprovementsImprovements in the applicable portion of the Premises in accordance with the timeline/schedule attached as an exhibit to the Rail Line Easement Agreement, and (ii) that a delay in completion of any Improvements beyond such date will not postpone the Rail Company's ’s obligation to open for business and begin paying Concession Fees to the Aviation Authority pursuant to Article 5, abovebusiness, unless such delay results from causes described in the proviso to the first sentence of this Article 6.E.1., or Rail Company has failed to complete construction of its Improvements to the Premises because it has not been afforded sufficient access by the Aviation Authority to the Premises for purposes of such construction for a period of less than one hundred twenty (120) days (in which event the Rail Company's ’s obligation to open for business and commence paying Concession Fees with respect to the Premises shall be delayed by, as applicable, the number of days that the causes described in such proviso delayed the Rail Company's ’s construction of its Improvements to the Premises or the number of days necessary to afford the Rail Company one hundred twenty (120) days sufficient time to complete construction of its Improvements to the PremisesPremises as contemplated in such timeline/schedule). 2. Once Company has begun construction of any other Improvements which the Chief Executive Officer has approved the final plans and specifications thereof pursuant to Article 6.D., above, Company shall prosecute the same diligently to completion. Company shall require the designer of record and Company's mechanical, electrical and plumbing contractors or subcontractors: to (a) provide construction administration and inspection services throughout construction on the Premises, one (1) inspection weekly at a minimum, and (b) to attend weekly construction meeting with the Aviation Authority's representatives. 3. Company’s improvements to the Premises are required to be substantially completed as determined by Company's architect and engineer and the Chief Executive Officer prior to opening of the Premises for business. All punch list work shall be completed within thirty

Completion of Improvements. 1. Upon the Chief Executive Officer's approval of Company’s plans and specifications and when authorized to occupy the Premises and proceed with construction of improvements in accordance with the provisions of Article 2.B. and Article 6.C. and 6.D., above, and applicable law, Company shall immediately begin construction and installation of the approved Improvements, furnishings, fixtures, signage and trade fixtures at the Premises and prosecute the same diligently to completion; provided, however, that any delay in construction due to fire, earthquake, wars, or other calamity beyond the reasonable control of Company, or acts of Aviation Authority or one of its contractors, shall extend the time within which such construction and installation shall be completed. Company agrees (i) that its Improvements, fixtures, furnishings, trade fixtures and equipment to be constructed or installed in the Premises shall be completed no later than one hundred twenty (120) days after Aviation Authority notifies Company that the Premises are ready for Company to begin build out of Company’s Improvements, and (ii) that a delay in completion of any Improvements beyond such date will not postpone Company's obligation to open for business and begin paying Concession Fees to the Aviation Authority pursuant to Article 5, above, unless such delay results from causes described in the proviso to the first sentence of this Article 6.E.1., or Company has failed to complete construction of its Improvements to the Premises because it has not been afforded access by the Aviation Authority to the Premises for purposes of such construction for a period of less than one hundred twenty (120) days (in which event Company's obligation to open for business and commence paying Concession Fees with respect to the Premises shall be delayed by, as applicable, the number of days that the causes described in such proviso delayed Company's construction of its Improvements to the Premises or the number of days necessary to afford Company one hundred twenty (120) days to complete construction of its Improvements to the Premises). 2. Once Company has begun construction of any other Improvements which the Chief Executive Officer has approved the final plans and specifications thereof pursuant to Article 6.D., above, Company shall prosecute the same diligently to completion. Company shall require the designer of record and Company's mechanical, electrical and plumbing contractors or subcontractors: to (a) provide construction administration and inspection services throughout construction on the Premises, one (1) inspection weekly at a minimum, and (b) to attend weekly construction meeting with the Aviation Authority's representatives. 3. Company’s improvements to the Premises are required to be substantially completed as determined by Company's architect and engineer and the Chief Executive Officer prior to opening of the Premises for business. All punch list work shall be completed within thirtythirty (30) days of substantial completion. Company agrees that, should the Aviation Authority allow Company to open for business prior to completion of all punch list work, Company will issue a cashier's or certified check to the Aviation Authority to be held in escrow until completion of the work. The amount of the check will be five (5) times the estimated value to complete the work or Ten Thousand and No/100 Dollars ($10,000.00), whichever is greater. In the event the punch list work has not been completed within thirty (30) days of substantial completion, the Aviation Authority shall have the right, but not the obligation, to use these funds to complete the Improvements, or if the escrow funds are insufficient to complete the Improvements, Company shall be obligated to reimburse the Aviation Authority any remaining balance due within ten (10) days of written notice by the Aviation Authority. At all times during the construction and installation of all Original Improvements and all other Improvements, fixtures, trade fixtures, furnishings and equipment by the Company, Company shall coordinate the activities of its contractors and installers on the Premises with Aviation Authority.

Completion of Improvements. (a) COMPLETION DATE FOR INITIAL IMPROVEMENTS. Subject to Permitted Delays, Landlord shall cause the Initial Improvements to be Substantially Complete not later than January 28, 2003. (b) PERMITTED DELAYS. As applicable, the Delivery Date for the Substantial Completion of the Initial Improvements and/or the Expansion Commencement Date shall be extended if 11 Landlord, Developer, Contractor, Construction Subcontractors or any of their employees, agents, sub-subcontractors or representatives, are delayed as a result of any one or more of the following: (i) (1. Upon ) the Chief Executive Officerfailure of Tenant to either respond to Landlord's approval submissions or to submit Tenant's submissions within the time frames set forth in the attached Work Letter or as provided in Article 2A hereof in respect to the Expansion Space, but only to the extent the work on the Initial Improvements or Expansion Space is actually delayed thereby; (2) period to which date of Company’s plans performance is extended as a result of Change Orders (as hereafter defined) signed or required to be signed by Tenant for Change Orders initiated or directed by Tenant that are not due to the fault of Landlord, Developer, Contractor, Construction Subcontractors or their respective employees, agents, sub-subcontractors, materialmen or representatives or any other party undertaking any work on behalf of Landlord in respect to the Demised Premises; (3) any act, omission or neglect of Tenant or of any employee, agent, contractor, sub-contractor of Tenant while undertaking the Fit-Up Work (as hereafter defined) in contravention of the requirements set forth in the Work Letter, but only to the extent that the work on the Initial Improvements or Expansion Space is actually delayed thereby; (4) but for a default by Landlord under the terms of the Purchase Agreement, the failure of Seller to convey title to the Land to Landlord pursuant to the terms of the Purchase Agreement; (5) any governmental embargo restrictions, or actions or inactions of local, state or federal governments in respect to any permits, approvals or authorizations required for the remediation, handling or disposal of any Hazardous Substances on or under the Land, which Hazardous Substances are determined to have existed on or under the Land prior to the date of this Lease and specifications are discovered within the period expiring sixty (60) days following the date of this Lease, as extended as a result of Permitted Delays; and (6) the failure of the responsible party, including Xxx County Development Association under the terms of that certain Development Agreement dated April 20, 2002, to complete (a) any Park improvements such as roadways, extension of utilities, stormwater detention facilities and other Park improvements (excluding the Initial Improvements) and the mass grading of the Land required to be performed other than that required as part of the Initial Improvements Work, or (b) any infrastructure improvements that, in the instance of either clauses (a) or (b) above, precludes the issuance of a temporary or permanent certificate of occupancy by the City for the Initial Improvements, except to the extent the Initial Improvements are not yet complete to a degree to obtain such certificate of occupancy or prohibits the commencement or continuation of any of the Initial Improvements Work when authorized scheduled to occupy so commence as provided in the Contractor's Contract (as hereafter defined) (collectively, in respect to clauses (1) through (6) above, "TENANT EXTENSION"); (ii) any failure of or delay in the availability of any one or more public utilities required by the Initial Improvement Final Plans and Specifications or Expansion Plans (as hereafter defined) to service the Demised Premises and proceed with for the benefit of Tenant or for use during the construction of improvements the Initial Improvements or Expansion Space, but only to the extent not caused by the failure of Landlord or Developer to extend commercially reasonable efforts to procure the same; (iii) any national strikes, labor disputes; or any delays or shortages encountered in accordance with transportation, fuel, material or supplies that in the provisions instance of Article 2.B. such delays or shortages are commercially unreasonable and Article 6.C. in all such instances are beyond the commercially reasonable control of Landlord, Developer, Contractor, Construction Subcontractors and 6.D.their respective employees, aboveagents, and applicable lawsub-subcontractors or representatives; (iv) any casualties, Company shall immediately begin construction and installation acts of God or the approved Improvements, furnishings, fixtures, signage and trade fixtures at the Premises and prosecute the same diligently to completion; provided, however, that any delay in construction due to fire, earthquake, wars, public enemy or other calamity acts or occurrences beyond the reasonable control of CompanyLandlord, Developer, Contractor, the contractor retained to construct the Expansion Space or acts their respective employees, agents, contractors, subcontractors, sub-subcontractors or representatives; (v) the failure to procure Permits and Approvals (as hereafter defined) or any permits or approvals necessary for the Expansion Space in a timely manner so as not to cause a delay or interruption in the continuous construction of Aviation Authority the Initial Improvements and/or Expansion Space or one interfere with the obligations of Landlord, Developer, Contractor or any Construction Subcontractor to Substantially Complete the Initial Improvements and/or Expansion Space when provided in the Work Letter and this Lease, but only to the extent not caused by the failure of Landlord, Developer, Contractor or any Construction Subcontractor to extend commercially reasonable efforts to procure the same; and (vi) any extension of time permitted to Contractor under the terms of the Contractor's Contract (as hereafter defined) or the contractor retained to construct the Expansion Space under the terms of its contractorscontract. Landlord and Developer shall use and shall cause the Contractor to use and to cause all Construction Subcontractors to use their respective commercially reasonable efforts to prevent or minimize any delays resulting from any one or more of the matters described in clauses (i) through (vi), above. Any delays resulting from any one or more of the matters described in clauses (i) through (vi) above, except as may be due to the negligence of the Landlord, Developer, Contractor, any Construction Subcontractor or the contractor retained to construct the Expansion Space or their employees, agents or representatives, are hereinafter individually referred to as a "PERMITTED DELAY," and are hereinafter collectively referred to as "PERMITTED DELAYS." (c) EFFECT OF PERMITTED DELAYS. Promptly following Landlord or Developer becoming aware that an occurrence will result in a Permitted Delay hereunder, Landlord or Developer (in respect to the Initial Improvements only) shall extend notify Tenant, in writing, of such occurrence and of Landlord's estimate (Developer's estimate shall act as Landlord's estimate) of the effect, if any, such occurrence will have on the time within which such construction and installation the subject Improvements shall be completed. Company agrees Substantially Complete (i) that its Improvementsand, fixturesas noted below, furnishings, trade fixtures and equipment to be constructed or installed in the Premises case of a Tenant Extension, the additional cost as a result thereof, if any, which Landlord believes should be borne by Tenant), and shall provide Tenant with reasonable evidence as to the Permitted Delay. The effect of any delays which result from a Permitted Delay, the date the subject Improvements would have been Substantially Complete but for a Tenant Extension and the cost, if any, to Tenant in the instance of a Tenant Extension, shall be completed no later than one hundred twenty (120) days after Aviation Authority notifies Company that the Premises are ready for Company to begin build out subject of Company’s Improvements, and (ii) that a delay in completion Change Order. In the event of any dispute between Landlord and Tenant of the occurrence of a Permitted Delay, the effect of such on the date of Substantial Completion of the subject Improvements beyond or the increased cost applicable thereto as a result of a Tenant Extension, such date will not postpone Company's obligation to open for business and begin paying Concession Fees to the Aviation Authority pursuant to Article 5, above, unless such delay results from causes described in the proviso to the first sentence of this Article 6.E.1., or Company has failed to complete construction of its Improvements to the Premises because it has not been afforded access dispute shall be resolved by the Aviation Authority to Construction Arbitrator as provided in Section 19 of the Premises for purposes of such construction for Work Letter. If there is a period of less than one hundred twenty (120) days (in which event Company's obligation to open for business and commence paying Concession Fees with respect to Tenant Extension, the Premises shall be delayed byInitial Term Commencement Date or, as applicable, the number Expansion Commencement Date will occur on the date determined as aforesaid as a result of days that the causes described Tenant Extension and the Initial Term and the Expansion Extension, respectively, shall begin to run on such determined date. Except for Tenant Extensions, in such proviso delayed Company's construction the event of its Improvements to the Premises or the number of days necessary to afford Company one hundred twenty (120) days to complete construction of its Improvements to the Premises). 2. Once Company has begun construction occurrence of any other Improvements Permitted Delay, the date on which the Chief Executive Officer has approved Initial Term Commencement Date (including the final plans and specifications thereof pursuant to Article 6.D., above, Company shall prosecute the same diligently to completion. Company shall require the designer of record and Company's mechanical, electrical and plumbing contractors or subcontractors: to (aDelivery Date) provide construction administration and inspection services throughout construction on the Premises, one (1) inspection weekly at a minimum, and (b) to attend weekly construction meeting with the Aviation Authority's representatives. 3. Company’s improvements to the Premises are required to be substantially completed as determined by Company's architect and engineer and the Chief Executive Officer prior Expansion Commencement Date shall occur and the date, respectively, on which the Initial Term and the Expansion Extension shall begin to opening run shall be the date of Substantial Completion of the Premises for business. All punch list work shall be completed within thirtysubject Improvements.