Common use of Completion of Premises Clause in Contracts

Completion of Premises. The Building and the Premises shall be completed in accordance with the Work Letter attached hereto as Exhibit C (herein called the "Work Letter") at Landlord's expense. --------- All necessary work shall be commenced promptly following Landlord's execution of this Lease and shall be substantially completed on the Occupancy Date set forth in the Preamble; provided, however, that the time for substantial completion of the Building and the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord's contractors, subcontractors or suppliers due to strikes or other labor troubles; Tenant Delay (as defined in Exhibit C); governmental restrictions and limitations; unavailability or delays in obtaining fuel, labor or materials; xxxx or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppliers ("Force Majeure"); provided further, however, that for Landlord to claim that a Force Majeure prevented timely achievement of substantial completion (i) Landlord must provide written notice of the applicable event to Tenant within 48 hours of its occurrence, which notice shall specify the Force Majeure event and the anticipated effect on the date of substantial completion, and (ii) an actual delay in substantial completion must have occurred which but for the Force Majeure event would not have occurred. The Building and the Premises shall be deemed substantially completed when (i) all of the work and installations required to improve the Building and Premises as delineated in the Work Letter ("Landlord Work") are completed in conformity with such Work Letter (subject, in the case of the Premises Work (as defined in Exhibit C) to minor dimensional variations due to construction being carried out within an existing structure and "punch list" items as described below), and the HVAC (and all building utilities) shall be in good working order and be functioning in accordance with operating standards described in the Lease or in the Work Letter but in all events and in all aspects necessary to permit Tenant to occupy and fully utilize the Building and the Premises for its intended use, and (ii) Tenant has received from Landlord all permits required for lawful use and occupancy of the Premises by the Tenant (punch list items alone excepted). Landlord shall notify Tenant in writing approximately forty-five (45) days in advance and again not later than ten (10) days prior to the date Landlord believes it will achieve substantial completion of the Landlord's Work and will be prepared to deliver the Premises to Tenant in the condition required hereunder. Landlord shall promptly correct all work properly rejected by Tenant for failing to conform to the requirements of the Work Letter, whether or not fabricated, installed or completed and whether nor not set forth on the punch list. If within one year after the date of substantial completion of the Landlord Work any of such work is found to be not in conformity with the requirements of the Work Letter, Landlord shall correct it promptly after receipt of written notice from Tenant to do so. Landlord's obligations under the immediately preceding sentence shall survive Tenant's occupancy of the Premises upon substantial completion. Tenant shall give Landlord notice promptly after discovery of any such condition. No failure to deliver the Premises by the September 1, 1998 Occupancy Date shall in any respect affect the validity or continuance of this Lease or any obligation of Tenant hereunder or extend the Term of the Lease provided, however, that for every day of delay after November 6, 1998, Tenant shall be entitled to two (2) days abatement of Rent under this Lease in addition to the abatement period already provided in the Preamble hereto, at Paragraph 9, which rent abatement shall run for six (6) consecutive months from the date of substantial completion (the designated "Rent Commencement Date") notwithstanding), and shall be subject to extension as otherwise provided in this sentence. Notwithstanding the foregoing, in the event Landlord fails to substantially complete the Landlord Work and deliver the Premises to Tenant on or before November 20, 1998, then at Tenant's option, the Occupancy Date specified in the Preamble at Paragraph 16 shall be extended to January 15, 1999. Lastly, the event the Landlord Work is not substantially completed and delivered by Landlord to Tenant on or before December 23, 1998, the Tenant may terminate this Lease with no further obligations to Landlord and Tenant shall receive the immediate return of any monies theretofore paid by Tenant to Landlord. The aforesaid December 23, 1998 date shall be subject to extension by reason of Tenant Delay as provided in the Work Letter, but otherwise shall not be subject to delay by reason of Force Majeure.

Completion of Premises. The Building and the Premises premises shall be completed delivered to tenant in accordance with the Work Letter plans attached hereto as Exhibit EXHIBIT B (herein called the "Plans") and the specifications attached hereto as EXHIBIT C (herein called the "Work LetterSpecifications") at Landlord's expense). --------- All necessary work demolition shall be commenced promptly following LandlordXxxxxxxx's execution and acceptance of this Lease and shall be substantially completed on the Occupancy Commencement Date set forth in the Preamble; providedTerm Sheet. Landlord shall at its own cost and expense, obtain all permits, licenses and approvals necessary for such demolition. Provided, however, that the time for substantial completion of the Building and the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord's contractors, subcontractors or suppliers due to to: strikes or other labor troubles; Tenant Delay (as defined delays in Exhibit C)Tenant's selection of materials, plans or specifications; governmental restrictions and limitations: scarcity; unavailability or delays in obtaining fuel, labor or materials; xxxx war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors subcontractor or suppliers ("Force Majeure"); provided furthersupplier. Tenant and its authorized agents, howeveremployees and contractors shall have the right, that for Landlord at Xxxxxx's own risk, expense and responsibility, at all reasonable times prior to claim that a Force Majeure prevented timely achievement of substantial completion (i) Landlord must provide written notice of the applicable event Commencement Date as hereinafter defined, to Tenant within 48 hours of its occurrence, which notice shall specify the Force Majeure event and the anticipated effect on the date of substantial completion, and (ii) an actual delay in substantial completion must have occurred which but for the Force Majeure event would not have occurred. The Building and the Premises shall be deemed substantially completed when (i) all of the work and installations required to improve the Building and Premises as delineated in the Work Letter ("Landlord Work") are completed in conformity with such Work Letter (subject, in the case of the Premises Work (as defined in Exhibit C) to minor dimensional variations due to construction being carried out within an existing structure and "punch list" items as described below), and the HVAC (and all building utilities) shall be in good working order and be functioning in accordance with operating standards described in the Lease or in the Work Letter but in all events and in all aspects necessary to permit Tenant to occupy and fully utilize the Building and enter the Premises for the purpose of taking measurements and installing its intended usefurnishings and equipment; provided that Tenant, and (ii) Tenant has received from Landlord all permits required for lawful use and occupancy of in so doing, shall not interfere with or delay the Premises by the Tenant (punch list items alone excepted). Landlord shall notify Tenant in writing approximately forty-five (45) days in advance and again not later than ten (10) days prior to the date Landlord believes it will achieve substantial completion of the Landlord's Work and will be prepared to deliver the Premises to Tenant in the condition required hereunder. Landlord shall promptly correct all work properly rejected by Tenant for failing to conform to the requirements of the Work Letter, whether or not fabricated, installed or completed and whether nor not set forth on the punch list. If within one year after the date of substantial completion of the Landlord Work any of such work is found to be not in conformity with the requirements of the Work Letterperformed hereunder by Xxxxxxxx, Landlord shall correct it promptly after receipt of written notice from Tenant to do so. Landlord's obligations under the immediately preceding sentence shall survive Tenant's occupancy of the Premises upon substantial completion. Tenant shall give Landlord notice promptly after discovery of any such condition. No failure to deliver the Premises by the September 1, 1998 Occupancy Date shall in any respect affect the validity or continuance of this Lease or any obligation of Tenant hereunder or extend the Term of the Lease provided, however, that for every day of delay after November 6, 1998, Tenant shall be entitled to two (2) days abatement of Rent under this Lease in addition to the abatement period already provided in the Preamble hereto, at Paragraph 9, which rent abatement shall run for six (6) consecutive months from the date of substantial completion (the designated "Rent Commencement Date") notwithstanding), and shall be subject to extension as otherwise provided in this sentence. Notwithstanding the foregoing, in the event Landlord fails to substantially complete the Landlord Work and deliver the Premises to Tenant on or before November 20, 1998, then at Tenant's option, the Occupancy Date specified in the Preamble at Paragraph 16 shall be extended to January 15, 1999. Lastly, the event the Landlord Work is not substantially completed and delivered by Landlord to Tenant on or before December 23, 1998, the Tenant may terminate this Lease with no further obligations to Landlord and Tenant shall receive use contractor and workmen compatible with the immediate return of any monies theretofore paid by Tenant to Landlord. The aforesaid December 23, 1998 date shall be subject to extension by reason of Tenant Delay as provided contractors and workmen engaged in the Work Letterwork to bc performed hereunder by Xxxxxxxx, but otherwise and Xxxxxx shall not be subject have obtained Xxxxxxxx's written consent to delay by reason of Force Majeureinstalling any furnishings or equipment.

Completion of Premises. The Building and the Premises shall be completed in accordance with the Work Letter plans and specifications attached hereto as Exhibit C (herein called the "Work LetterPlans") ). The completion of the Premises in accordance with the Plans shall be at Landlord's expense; provided, however, Tenant shall pay Landlord at the time of execution of this Lease the sum of Sixty Thousand Dollars ($60,000.00) ("Tenant Construction Contribution") for construction costs to be incurred by Landlord in completing the Premises in accordance with Tenant's special requirements. --------- All necessary work construction shall be commenced promptly following Landlord's execution and acceptance of this Lease and Tenant's delivery of the first month's Fixed Basic Rent, the Security Deposit and the Tenant Construction Contribution to Landlord and shall be substantially completed ready for use and occupancy by Tenant on the Occupancy Lease Commencement Date set forth in the Preamble; provided, however, that the time for substantial completion of the Building and the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord's contractors, subcontractors or suppliers due to strikes or other labor troubles; Tenant Delay (as defined delays in Exhibit C)Tenant's selection of materials, plans or specifications; governmental restrictions and limitations; unavailability or delays in obtaining fuel, labor or materials; xxxx war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppliers ("Force Majeure"); provided further, however, that for Landlord to claim that a Force Majeure prevented timely achievement of substantial completion (i) Landlord must provide written notice of the applicable event to Tenant within 48 hours of its occurrence, which notice shall specify the Force Majeure event and the anticipated effect on the date of substantial completion, and (ii) an actual delay in substantial completion must have occurred which but for the Force Majeure event would not have occurredsuppliers. The Building and the Premises shall be deemed substantially completed when Tenant is in receipt of a Certificate of Occupancy or Temporary Certificate of Occupancy (i) punchlist items excepted). All construction shall be done in a good and workmanlike manner and shall comply at the time of completion with all applicable and lawful laws, ordinances, regulations and orders of the work federal, state, county or other governmental authorities having jurisdiction thereof. Tenant and installations required its authorized agents, employees and contractors shall have the right, at Tenant's own risk, expense and responsibility, at all reasonable times prior to improve the Building and Premises Commencement Date as delineated in the Work Letter ("Landlord Work") are completed in conformity with such Work Letter (subjecthereinafter defined, in the case of the Premises Work (as defined in Exhibit C) to minor dimensional variations due to construction being carried out within an existing structure and "punch list" items as described below), and the HVAC (and all building utilities) shall be in good working order and be functioning in accordance with operating standards described in the Lease or in the Work Letter but in all events and in all aspects necessary to permit Tenant to occupy and fully utilize the Building and enter the Premises for the purpose of taking measurements and installing its intended usefurnishings and equipment; provided that Tenant, in so doing, shall not interfere with or delay the work to be performed hereunder by Landlord, and (ii) Tenant has received from shall use contractors and workmen compatible with the contractors and workmen engaged in the work to be performed hereunder by Landlord, and Tenant shall have obtained Landlord's written consent to installing any furnishings or equipment. If Landlord all permits required for lawful use and occupancy shall fail to deliver possession of the Premises by the Tenant (punch list items alone excepted). Landlord shall notify Tenant in writing approximately forty-five (45) days in advance and again not later than ten (10) days prior to the date Landlord believes it will achieve substantial completion of the Landlord's Work and will be prepared to deliver the Premises to Tenant in the condition required hereunder. Landlord shall promptly correct all work properly rejected by Tenant Commencement Date for failing to conform to the requirements of the Work Letterany reason, whether or not fabricated, installed or completed and whether nor not set forth on the punch list. If within one year after the date of substantial completion of the Landlord Work any of such work is found to be not in conformity with the requirements of the Work LetterLandlord's control, Landlord shall correct it promptly after receipt of written notice from Tenant not be subject to do so. Landlord's obligations under the immediately preceding sentence shall survive any liability to Tenant's occupancy of the Premises upon substantial completion. Tenant shall give Landlord notice promptly after discovery of any such condition. No failure to deliver the Premises by the September 1, 1998 Occupancy Commencement Date or any other date shall in any respect affect the validity or continuance of this Lease or of any obligation of Tenant hereunder or extend the Term of the Lease provided, however, that for every day of delay after November 6, 1998, Tenant shall be entitled to two (2) days abatement of Rent under this Lease in addition to the abatement period already provided in the Preamble hereto, at Paragraph 9, which rent abatement shall run for six (6) consecutive months from the date of substantial completion (the designated "Rent Commencement Date") notwithstanding), and shall be subject to extension as otherwise provided in this sentence. Notwithstanding the foregoing, in the event Landlord fails to substantially complete the Landlord Work and deliver the Premises to Tenant on or before November 20, 1998, then at Tenant's option, the Occupancy Date specified in the Preamble at Paragraph 16 shall be extended to January 15, 1999. Lastly, the event the Landlord Work is not substantially completed and delivered by Landlord to Tenant on or before December 23, 1998, the Tenant may terminate this Lease with no further obligations to Landlord and Tenant shall receive the immediate return of any monies theretofore paid by Tenant to Landlord. The aforesaid December 23, 1998 date shall be subject to extension by reason of Tenant Delay as provided in the Work Letter, but otherwise shall not be subject to delay by reason of Force MajeureLease.

Completion of Premises. The Building and the Premises shall be completed in accordance with the Work Letter attached hereto as Exhibit C --------- (herein called the "Work Letter") at Landlord's expense. --------- All necessary work shall be commenced promptly following Landlord's execution of this Lease and shall be substantially completed on the Occupancy Date set forth in the Preamble; provided, however, that the time for substantial completion of the Building and the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord's contractors, subcontractors or suppliers due to strikes or other labor troubles; Tenant Delay (as defined in Exhibit C); governmental restrictions and limitations; unavailability or delays --------- in obtaining fuel, labor or materials; xxxx war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppliers ("Force Majeure"); provided further, however, that for Landlord to claim that a Force Majeure prevented timely achievement of substantial completion (i) Landlord must provide written notice of the applicable event to Tenant within 48 hours of its occurrence, which notice shall specify the Force Majeure event and the anticipated effect on the date of substantial completion, and (ii) an actual delay in substantial completion must have occurred which but for the Force Majeure event would not have occurred. The Building and the Premises shall be deemed substantially completed when (i) all of the work and installations required to improve the Building and Premises as delineated in the Work Letter ("Landlord Work") are completed in conformity with such Work Letter (subject, in the case of the Premises Work (as defined in Exhibit C) to minor dimensional variations due to --------- construction being carried out within an existing structure and "punch list" items as described below), and the HVAC (and all building utilities) shall be in good working order and be functioning in accordance with operating standards described in the Lease or in the Work Letter but in all events and in all aspects necessary to permit Tenant to occupy and fully utilize the Building and the Premises for its intended use, and (ii) Tenant has received from Landlord all permits required for lawful use and occupancy of the Premises by the Tenant (punch list punchlist items alone excepted). Landlord shall notify Tenant in writing approximately forty-five (45) days in advance and again not later than ten (10) days prior to the date Landlord believes it will achieve substantial completion of the Landlord's Work and will be prepared to deliver the Premises to Tenant in the condition required hereunder. Landlord shall promptly correct all work properly rejected by Tenant for failing to conform to the requirements of the Work Letter, whether or not fabricated, installed or completed and whether nor or not set forth on the punch listpunchlist. If within one year after the date of substantial completion of the Landlord Work any of such work is found to be not in conformity with the requirements of the Work Letter, Landlord shall correct it promptly after receipt of written notice from Tenant to do so. Landlord's obligations under the immediately preceding sentence shall survive Tenant's occupancy of the Premises upon substantial completion. Tenant shall give Landlord notice promptly after discovery of any such condition. No failure to deliver the Premises by the September 1, 1998 Occupancy Date shall in any respect affect the validity or continuance of this Lease or any obligation of Tenant hereunder or extend the Term of the Lease provided, however, that for every day of delay after November 6September 15, 1998, Tenant shall be entitled to two (2) days abatement of Rent under this Lease in addition to the abatement period already provided in the Preamble hereto, at Paragraph 9, which rent abatement shall run for six (6) consecutive months from the date of substantial completion (the designated "Rent Commencement Date") " notwithstanding), and shall be subject to extension as otherwise provided in this sentence. Notwithstanding the foregoing, in the event Landlord fails to substantially complete the Landlord Work and deliver the Premises to Tenant on or before November 20October 15, 1998, then at Tenant's option, the Occupancy Date specified in the Preamble at Paragraph 16 shall be extended to January 15, 1999. Lastly, in the event the Landlord Work is not substantially completed and delivered by Landlord to Tenant on or before December 23November 15, 1998, the Tenant may terminate this Lease with no further obligations to Landlord and Tenant shall receive the immediate return of any monies theretofore paid by Tenant to Landlord. The aforesaid December 23November 15, 1998 date shall be subject to extension by reason of Tenant Delay as provided in the Work Letter, but otherwise shall not be subject to delay by reason of Force Majeure.

Completion of Premises. The Building and the Premises premises shall be completed in accordance with the Work Letter plans and specifications attached hereto as Exhibit C (herein called the "Work LetterPlans") at Landlord's expense. --------- All necessary work construction shall be commenced promptly following Landlord's execution and acceptance of this Lease and Tenant's delivery of the first month's Fixed Basic Rent and the Security Deposit to Landlord and shall be substantially completed ready for use and occupancy by Tenant on the Occupancy Lease Commencement Date set forth in the Preamble; provided, however, that the time for substantial completion of the Building and the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord's contractors, subcontractors or suppliers due to strikes or other labor troubles; Tenant Delay (as defined delays in Exhibit C)Tenant's selection of materials, plans or specifications; governmental restrictions and limitations; unavailability or delays in obtaining fuel, labor or materials; xxxx war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppliers ("Force Majeure"); provided further, however, that for Landlord to claim that a Force Majeure prevented timely achievement of substantial completion (i) Landlord must provide written notice of the applicable event to Tenant within 48 hours of its occurrence, which notice shall specify the Force Majeure event and the anticipated effect on the date of substantial completion, and (ii) an actual delay in substantial completion must have occurred which but for the Force Majeure event would not have occurredsuppliers. The Building and the Premises shall be deemed substantially completed when Tenant is in receipt of a Certificate of Occupancy or Temporary Certificate of Occupancy (iwhich is convertible to a permanent Certificate of Occupancy) (punchlist items excepted) such certificate to be obtained by Landlord. All construction shall be done in a good and workmanlike manner and shall comply at the time of completion with all applicable and lawful laws, ordinances, regulations and orders of the work federal, state, county or other governmental authorities having jurisdiction thereof Tenant and installations required its authorized agents, employees and contractors shall have the right, at Tenant's own risk, expense and responsibility, at all reasonable times prior to improve the Building and Premises Commencement Date as delineated in the Work Letter ("Landlord Work") are completed in conformity with such Work Letter (subjecthereinafter defined, in the case of the Premises Work (as defined in Exhibit C) to minor dimensional variations due to construction being carried out within an existing structure and "punch list" items as described below), and the HVAC (and all building utilities) shall be in good working order and be functioning in accordance with operating standards described in the Lease or in the Work Letter but in all events and in all aspects necessary to permit Tenant to occupy and fully utilize the Building and enter the Premises for the purpose of taking measurements and installing its intended usefurnishings and equipment; provided that Tenant, in so doing, shall not interfere with or delay the work to be performed hereunder by Landlord, and (ii) Tenant has received from Landlord all permits required for lawful shall use contractors and occupancy of workmen compatible with the Premises contractors and workmen engaged in the work to be performed hereunder by the Landlord, and Tenant (punch list items alone excepted). Landlord shall notify Tenant in writing approximately forty-five (45) days in advance and again not later than ten (10) days prior to the date Landlord believes it will achieve substantial completion of the have obtained Landlord's Work and will be prepared written consent to deliver the Premises to Tenant in the condition required hereunderinstalling any furnishings or equipment. Landlord shall promptly correct all work properly rejected by Tenant for failing to conform to the requirements of the Work Letter, whether or not fabricated, installed or completed and whether nor not set forth on the punch list. If within one year after the date of substantial completion of the Landlord Work any of such work is found to be not in conformity with the requirements of the Work Letter, Landlord shall correct it promptly after receipt of written notice from Tenant to do so. Landlord's obligations under the immediately preceding sentence shall survive Tenant's occupancy of the Premises upon substantial completionshall constitute acceptance of the Work performed by Landlord pursuant to this Section 3. Tenant If Landlord shall give fail to deliver possession of the Premises by the Commencement Date for any reason, whether or not within Landlord's control, Landlord notice promptly after discovery of shall not be subject to any such conditionliability to Tenant. No failure to deliver the Premises by the September 1, 1998 Occupancy Commencement Date or any other date shall in any respect affect the validity or continuance of this Lease or of any obligation of Tenant hereunder or extend the Term of the Lease provided, however, that for every day of delay after November 6, 1998, Tenant the Commencement Date shall be entitled extended to two (2) days abatement of Rent under this Lease in addition to such time as Landlord substantially completes the abatement period already provided work set forth in the Preamble hereto, at Paragraph 9, which rent abatement shall run for six (6) consecutive months from the date of substantial completion Plans (the designated "Rent Commencement DateWork") notwithstanding), and shall be subject to extension as otherwise provided in this sentence. Notwithstanding the foregoing, in In the event Landlord fails to substantially complete the Landlord Work and deliver the Premises to Tenant on or before November 20January 1, 19981999, then at Tenant's option, the Occupancy Date specified in the Preamble at Paragraph 16 Tenant shall be extended entitled to one (1) day of Rent abatement for every day of delay beyond January 151, 1999. Lastly, In the event Landlord fails to substantially complete the Landlord Work is not substantially completed and delivered by Landlord to Tenant on or before December 23May 1, 1998, the 1999; then Tenant may terminate this Lease with no further obligations by written notice to Landlord and Tenant shall receive the immediate return of neither party will have any monies theretofore paid by Tenant to Landlord. The aforesaid December 23, 1998 date shall be subject to extension by reason of Tenant Delay as provided in the Work Letter, but otherwise shall not be subject to delay by reason of Force Majeurefurther obligations thereunder.

Completion of Premises. (a) The Building Landlord shall, at its sole cost and expense, cause to be completed on the Premises shall be completed in accordance with the Work Letter plans and specifications attached hereto as Exhibit C (herein called the "Work LetterPlans") at Landlord's expense), which Plans shall be --------- mutually acceptable by both Landlord and Tenant, certain improvements ("Landlord Improvements"). --------- All necessary work construction shall be commenced promptly following Landlord's execution and acceptance of this Lease and Tenant's delivery of the first month's Fixed Basic Rent and the Security Deposit to Landlord and shall be substantially completed ready for use and occupancy by Tenant on the Occupancy Lease Commencement Date set forth in the Preamble; provided, however, that the time for substantial completion of the Building and the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord's contractors, subcontractors or suppliers due to strikes or other labor troubles; Tenant Delay (as defined delays in Exhibit C)Tenant's selection of materials, plans or specifications; governmental restrictions and limitations; unavailability or delays in obtaining fuel, labor or materials; xxxx war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppliers ("Force Majeure"); provided further, however, that for Landlord to claim that a Force Majeure prevented timely achievement of substantial completion (i) Landlord must provide written notice of the applicable event to Tenant within 48 hours of its occurrence, which notice shall specify the Force Majeure event and the anticipated effect on the date of substantial completion, and (ii) an actual delay in substantial completion must have occurred which but for the Force Majeure event would not have occurredsuppliers. The Building and the Premises shall be deemed substantially completed when the Landlord Improvements have been substantially completed or Tenant is in receipt of a Certificate of Occupancy or Temporary Certificate of Occupancy, (i) all punchlist items excepted), unless the failure to obtain such Certificate of Occupancy or Temporary Certificate of Occupancy, is due solely to the work and installations required failure of Tenant to improve the Building and Premises as delineated in the complete Tenant Work Letter ("Landlord Work") are completed in conformity with such Work Letter (subject, in the case of the Premises Work (as defined in Exhibit C) to minor dimensional variations due to construction being carried out within an existing structure and "punch list" items as described belowin Section 3(b), and the HVAC (and all building utilities) shall be in good working order and be functioning in accordance with operating standards described in the Lease or in the Work Letter but in all events and in all aspects necessary to permit Tenant to occupy and fully utilize the Building and the Premises for its intended use, and (ii) Tenant has received from Landlord all permits required for lawful use and occupancy of the Premises by the Tenant (punch list items alone excepted). Landlord shall notify Tenant in writing approximately forty-five (45) days in advance and again not later than ten (10) days prior to the date Landlord believes it will achieve substantial completion of the Landlord's Work and will be prepared to deliver the Premises to Tenant in the condition required hereunder. Landlord shall promptly correct all work properly rejected by Tenant for failing to conform to the requirements of the Work Letter, whether or not fabricated, installed or completed and whether nor not set forth on the punch list. If within one year after the date of substantial completion of the Landlord Work any of such work is found to be not in conformity with the requirements of the Work Letter, Landlord shall correct it promptly after receipt of written notice from Tenant to do so. Landlord's obligations under the immediately preceding sentence shall survive Tenant's occupancy of the Premises upon substantial completion. Tenant shall give Landlord notice promptly after discovery of any such condition. No failure to deliver the Premises by the September 1, 1998 Occupancy Date shall in any respect affect the validity or continuance of this Lease or any obligation of Tenant hereunder or extend the Term of the Lease provided, however, that for every day of delay after November 6, 1998, Tenant shall be entitled to two (2) days abatement of Rent under this Lease in addition to the abatement period already provided in the Preamble hereto, at Paragraph 9, which rent abatement shall run for six (6) consecutive months from the date of substantial completion (the designated "Rent Commencement Date") notwithstanding), and shall be subject to extension as otherwise provided in this sentence. Notwithstanding the foregoing, in the event Landlord fails to substantially complete the Landlord Work and deliver the Premises to Tenant on or before November 20, 1998, then at Tenant's option, the Occupancy Date specified in the Preamble at Paragraph 16 shall be extended to January 15, 1999. Lastly, the event the Landlord Work is not substantially completed and delivered by Landlord to Tenant on or before December 23, 1998, the Tenant may terminate this Lease with no further obligations to Landlord and Tenant shall receive the immediate return of any monies theretofore paid by Tenant to Landlord. The aforesaid December 23, 1998 date shall be subject to extension by reason of Tenant Delay as provided in the Work Letter, but otherwise shall not be subject to delay by reason of Force Majeure.