Common use of Completion of Leased Premises Clause in Contracts

Completion of Leased Premises. Landlord agrees to perform work, if any (“Landlord’s Work”), in the Leased Premises in substantial accordance with the provisions of Exhibit “B-1” attached to and made a part of this Lease. If Landlord is to perform Landlord’s Work, Landlord shall attempt to complete Landlord’s Work by the Target Date (the “Target Date”) which is shown in the Basic Leasing Information of this Lease. Landlord’s obligation as to work to be performed for Tenant, if any, is solely as set forth in Exhibit “B-1”. Once Landlord has completed Landlord’s Work, except for reasonable punch list items, Landlord shall notify Tenant and Tenant will thereafter promptly begin the construction or installation of improvements and finishes which Tenant is to perform in the Leased Premises (“Tenant’s Work”) which shall be in substantial accordance with the provisions of Exhibit “B-2” attached to and made a part of this Lease. If Landlord is not obligated to perform any Landlord’s Work, Tenant will begin the construction or installation of Tenant’s Work immediately after this Lease is executed (subject to the pre-construction requirements set forth in this Lease). In the event Tenant is to perform any Tenant’s work, within 15 days following the full execution of this Lease, but in all events prior to Tenant constructing or performing any portion of Tenant’s Work in the Leased Premises, Tenant shall:

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Omnicomm Systems Inc)

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Completion of Leased Premises. For the purposes of Section ----------------------------- 2.2, the Leased Premises shall be conclusively deemed available for Tenant to commence Tenant's Work (as defined in the Work Letter) when Landlord's architect certifies in writing that the work required to be performed by Landlord, if any ("Landlord's Work"), as described in Exhibit B to this Lease (the "Work Letter") has been substantially completed. (If no architect has been engaged in completing Landlord's Work, a certificate from Landlord will serve to confirm substantial completion of Landlord's Work.) Landlord's Work, if any, shall be deemed substantially completed notwithstanding that minor or non-material details of construction, mechanical adjustment or decoration that do not materially interfere with Tenant's ability to perform the Tenant Work (so-called "punch list items") remain to be performed, or that portions of Landlord's Work are incomplete because such work cannot be done until Tenant's Work is completed. Landlord agrees to perform workor complete the punch list items within 30 business days after mutual execution of the punch list by Tenant and Landlord. In the event Landlord is delayed in completing Landlord's Work by any delay, if interference or hindrance of such work by Tenant, Tenant's contractors or any of their employees or agents, or by any changes in such work requested by Tenant and agreed to by Landlord or by Tenant's failure to timely and properly perform any of its obligations imposed pursuant to Exhibit B, the Leased Premises shall --------- be conclusively deemed substantially completed and available for occupancy on the date on which the same would have occurred in the absence of such delay. To the best of Landlord's knowledge all asbestos-containing material ("ACM") required to be removed from the Building have been removed from the Building and Landlord has provided to Tenant a copy of its consultants sign off letter confirming the same. If during Tenant's construction of Tenant's Work pursuant to the Work Letter, Tenant discovers and identifies ACM through standard testing and point testing, Tenant will give Landlord written notice within 48 hours after Tenant's discovery thereof. If such ACM is required to be removed from the Leased Premises pursuant to applicable laws, rules or regulations, Landlord will use reasonable efforts to remove such ACM from the Leased Premises (the "ACM Removal"). Tenant will in no event disturb such ACM or take any action that would result in a release of ACM or result in the ACM becoming airborne or friable. If possible, Tenant will proceed with Tenant's Work, but will not interfere with Landlord’s 's ACM Removal. If the ACM Removal from the Leased Premises by Landlord is the direct result of unavoidable delay in the completion of Tenant's Work”), then the Commencement Date will be extended one day for each day of delay in Tenant's Work that is a direct result of the ACM Removal. Notwithstanding the foregoing, Landlord shall have no obligation to remove any floor tile existing in the Leased Premises in substantial accordance with or the provisions Building as of Exhibit “B-1” attached to and made a part the date of this Lease. If Landlord is to perform Landlord’s Work, Landlord shall attempt to complete Landlord’s Work by the Target Date (the “Target Date”) Lease which is shown in the Basic Leasing Information of this Lease. Landlord’s obligation as to work to be performed for Tenant, if any, is solely as set forth in Exhibit “B-1”. Once Landlord has completed Landlord’s Work, except for reasonable punch list items, Landlord shall notify Tenant and Tenant will thereafter promptly begin the construction or installation of improvements and finishes which Tenant is to perform in the Leased Premises (“Tenant’s Work”) which shall be in substantial accordance with the provisions of Exhibit “B-2” attached to and made a part of this Lease. If Landlord is not obligated to perform any Landlord’s Work, Tenant will begin the construction or installation of Tenant’s Work immediately after this Lease is executed (subject to the pre-construction requirements set forth in this Lease). In the event Tenant is to perform any Tenant’s work, within 15 days following the full execution of this Lease, but in all events prior to Tenant constructing or performing any portion of Tenant’s Work in the Leased Premises, Tenant shall:floor tile may contain ACM.

Appears in 1 contract

Samples: Bannock Center (Inflow Inc)

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Completion of Leased Premises. Landlord agrees to perform workFor the purposes of Section ----------------------------- 2.2, if any (“Landlord’s Work”), in the Leased Premises shall be conclusively deemed available for Tenant to commence Tenant's Work (as defined in substantial accordance with the provisions of Exhibit “B-1” attached to and made a part Work Letter) upon mutual execution of this Lease. If Landlord is to perform Except for Landlord’s 's Work, Landlord shall attempt as described in Exhibit B to complete Landlord’s Work by the Target Date this Lease --------- (the “Target Date”) which is shown in "Work Letter"), Landlord has no obligation for the Basic Leasing Information completion or remodeling of the Leased Premises and Tenant accepts the Leased Premises In their "as is" condition as of the date of mutual execution of this Lease. Landlord’s obligation as to work to 's Work shall be performed for Tenantdeemed substantially completed when Landlord certifies in writing that Landlord's Work has been substantially completed. Landlord's Work, if any, is solely as set forth in Exhibit “B-1”. Once Landlord has shall be deemed substantially completed Landlord’s Worknotwithstanding that minor or non-material details of construction, except for reasonable mechanical adjustment or decoration that do not materially interfere with Tenant's ability to perform the Tenant Work (so-called "punch list items") remain to be performed, or that portions of Landlord's Work are incomplete because such work cannot be done until Tenant's Work is completed. Landlord shall notify agrees to perform or complete the punch list items within 30 business days after mutual execution of the punch list by Tenant and Tenant will thereafter promptly begin the construction or installation of improvements and finishes which Tenant is to perform in the Leased Premises (“Tenant’s Work”) which shall be in substantial accordance with the provisions of Exhibit “B-2” attached to and made a part of this Lease. If Landlord is not obligated to perform any Landlord’s Work, Tenant will begin the construction or installation of Tenant’s Work immediately after this Lease is executed (subject to the pre-construction requirements set forth in this Lease). In the event Landlord Is delayed In completing Landlord's Work by any delay, interference or hindrance of such work by Tenant, Tenant's contractors or any of their employees or agents, or by any changes in such work requested by Tenant is and agreed to by Landlord or by Tenant's failure to timely and properly perform any Tenant’s workof its obligations imposed pursuant to Exhibit B, within 15 days following then the full execution of this Lease, but Scheduled --------- Completion Date for Landlord's Work set forth in all events prior to Tenant constructing or performing any portion of Tenant’s Work in the Leased Premises, Tenant shall:Article 1 shall be correspondingly adjusted.

Appears in 1 contract

Samples: Bannock Center (Inflow Inc)

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