Common use of Completion of Tenant Improvements Clause in Contracts

Completion of Tenant Improvements. Tenant shall notify Landlord in writing when the Tenant Improvements have been Substantially Completed. Landlord shall thereupon have the opportunity to inspect the Premises in order to determine if the Premises have been Substantially Completed in accordance with the Tenant Plans. If the Tenant Improvements have not been Substantially Completed in accordance with the Tenant Plans, Landlord shall immediately following inspection, provide Tenant with written notification of the items deemed incorrect or incomplete. Tenant shall forthwith proceed to correct the incorrect or incomplete items. Notwithstanding anything to the contrary, the Tenant Improvements shall not be considered suitable for review by Landlord until all designated or required governmental inspections, permits and certifications necessary for the Tenant Improvements, including, but not limited to a temporary or final certificate of occupancy, have been made, given and/or posted. As used herein, the Tenant Improvements shall be deemed “Substantially Completed” when (i) the improvements have been completed in accordance with the Tenant Plans such that the Premises may be occupied by Tenant for the commencement of its business operations therein, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects which shall not disturb Tenant’s business operations and (ii) Tenant has procured a (temporary or permanent) certificate of occupancy permitting the uninterrupted occupancy of the Premises, if required by law.

Completion of Tenant Improvements. Tenant The Premises shall notify Landlord in writing be deemed ready for occupancy ("Ready for Occupancy") when the Tenant Improvements have been Substantially Completedcompleted or substantially completed by Landlord and delivered, tendered or made available to Tenant. Landlord The term "substantially completed" as used in this Lease shall thereupon have mean the opportunity to inspect date of issuance of a certificate of occupancy (temporary or permanent) for the Premises by the municipality in order to determine if which the Premises have been Substantially Completed in accordance with are located, or if no certificate of occupancy is required, the Tenant Plans. If date of substantial completion of the Tenant Improvements have not been Substantially Completed in accordance with the Tenant Plansas certified by Landlord's architect, which certification shall be conclusive and binding upon Landlord shall immediately following inspection, provide Tenant with written notification of the items deemed incorrect or incompleteand Tenant. Tenant shall forthwith proceed to correct the incorrect or incomplete items. Notwithstanding anything to the contrary, the Tenant Improvements shall not be considered suitable for review by Landlord until all designated or required governmental inspections, permits and certifications necessary for the Tenant Improvements, including, but not limited to a temporary or final certificate of occupancy, have been made, given and/or posted. As used herein, the The Tenant Improvements shall be deemed “Substantially Completed” when (i) substantially completed notwithstanding the improvements have been completed in accordance fact that minor details of construction, mechanical adjustments or decorations which do not materially interfere with the Tenant Plans such that Tenant's use and enjoyment of the Premises may (items normally referred to as "punch list" items) remain to be occupied by Tenant for the commencement of its business operations therein, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects which shall not disturb Tenant’s business operations and (ii) Tenant has procured a (temporary or permanent) certificate of occupancy permitting the uninterrupted occupancy performed. By taking possession of the Premises, if required by lawTenant accepts the Premises, the Tenant Improvements and the Building as completed or substantially completed, except that in the latter case, on or about the date of Tenant's taking possession of the Premises, Landlord and Tenant shall together prepare a list of incomplete and/or corrective items needed at the Premises (which shall not include any items requiring repair or correction due to damage caused in connection with Tenant's taking possession of the Premises or due to the negligence or willful misconduct of Tenant, its agents, employees or contractors). If properly includable as part of the Tenant Improvements, Landlord shall diligently complete, as soon as reasonably possible, any items of work and adjustment on such list as are not completed when the Premises are Ready for Occupancy. Landlord will give Tenant reasonable advance notice of the date on which Landlord expects the Premises to be Ready for Occupancy.

Completion of Tenant Improvements. The Tenant Improvements shall notify Landlord in writing be deemed substantially completed ("Tenant Improvements Substantial Completion") when (i) the Tenant Improvements have been Substantially Completed. Landlord shall thereupon have the opportunity to inspect the Premises constructed in order to determine if the Premises have been Substantially Completed in accordance substantial conformance with the Tenant Plans. If the Tenant Improvements have not been Substantially Completed in accordance with the Tenant Plans, Landlord shall immediately following inspection, provide Tenant with written notification of the items deemed incorrect or incomplete. Tenant shall forthwith proceed to correct the incorrect or incomplete items. Notwithstanding anything to the contrary, the Tenant Improvements shall not be considered suitable for review by Landlord until all designated or required governmental inspections, permits and certifications necessary for the Tenant Improvements, including, but not limited to a temporary or final certificate of occupancy, have been made, given and/or posted. As used herein, the Tenant Improvements shall be deemed “Substantially Completed” when (i) the improvements have been completed in accordance with the Tenant Improvement Construction Plans such that the Premises may be occupied by Tenant for the commencement of its business operations therein, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects which shall not disturb Tenant’s business operations and (ii) Tenant the City of Carpinteria has procured issued a (temporary or permanent) certificate of occupancy permitting or temporary certificate of occupancy for the uninterrupted occupancy Premises or that portion of the Premises excluding the Data Center Premises; provided, however, if required by lawthe City of Carpinteria fails to issue a certificate of occupancy or temporary certificate of occupancy for either the Premises or that portion of the Premises excluding the Data Center because the Data Center is not completed, then a certificate of occupancy or temporary certificate of occupancy shall not be a condition precedent to achieving either Shell Substantial Completion or Tenant Improvement Substantial Completion. Tenant Improvement Substantial Completion shall be deemed to have been achieved even though "punch list" items still remain to be performed; provided, however, Lessor shall cause all "punch list" items to be corrected as soon a reasonably practical after the date of the Tenant Improvement Substantial Completion.

Completion of Tenant Improvements. (a) Tenant shall notify be solely responsible for the construction, installation and completion of the Tenant Improvements in accordance with the Final Plans and Specifications approved by Landlord and is solely responsible for the payment of all amounts when payable in writing when connection therewith without any cost or expense to Landlord, except for Landlord's payment of the Tenant Improvement Allowance. Tenant shall diligently proceed with the construction, installation and completion of the Tenant Improvements in accordance with the Final Plans and Specifications. No material changes shall be made to the Final Plans and Specifications approved by Landlord without Landlord's prior written consent, which consent shall not be unreasonably withheld and shall be provided within three (3) business days after submission of the applicable changes to Landlord. (b) Prior to the commencement of the construction aid installation of the Tenant Improvements, Tenant shall provide the following to the Landlord, all of which shall be to the Landlord's reasonable satisfaction: WEST\225501 S28. (i) An estimated budget and cost breakdown for the Tenant Improvements; (ii) Estimated completion schedule for the Tenant Improvements; and (iii) Copies of all required approvals and permits from governmental agencies having jurisdiction or authority for the construction and installation of the Tenant Improvements. (c) Landlord shall at all times have a right to inspect the Tenant Improvements. If Landlord shall give notice of faulty construction or any other deviation from the Final Plans and Specifications, Tenant shall cause Contractor to make corrections promptly. However, neither the privilege herein granted to Landlord to make such inspections, nor the making of such inspections by Landlord, shall operate as a waiver of any rights of Landlord to require good and workmanlike construction and improvements constructed in accordance with the Final Plans and Specifications, or constitute Landlord's warranty or representation that the Tenant Improvements have been Substantially Completedconstructed in accordance with applicable laws, ordinances or codes or the sufficiency of the Tenant Improvements for any purpose. Landlord shall thereupon have provide reasonable access to the opportunity Premises, at all times, for Tenant, its Contractor, Architect, and agents, including without limitation reasonable access prior to inspect the Premises Commencement Date for purposes of taking measurements, inspecting field conditions and reviewing compliance of Landlord's Work with the plans therefore. (d) Tenant shall pay and discharge promptly and fully all claims for labor done and materials and services furnished in order to determine if the Premises have been Substantially Completed in accordance connection with the Tenant PlansImprovements. If the Tenant Improvements have not been Substantially Completed in accordance with the Tenant Plans, Landlord shall immediately following inspection, provide Tenant with written notification of the items deemed incorrect or incomplete. Tenant shall forthwith proceed to correct the incorrect or incomplete items. Notwithstanding anything to the contrary, the The Tenant Improvements shall not be considered suitable for review by commenced until Landlord until all designated has received notice from Tenant stating the date the construction of the Tenant Improvements is to commence so that Landlord can post and record any appropriate notice of non-responsibility. In the event any materialman or required governmental inspections, permits and certifications necessary for mechanic's lien may attach to the Premises or the Property in connection with Tenant's construction of the Tenant Improvements, includingTenant shall, but not limited within fifteen (15) days of Landlord's request, either satisfy such claim and cause its discharge or record a bond sufficient to a temporary remove the lien in accordance with applicable law. Tenant shall indemnify, defend and hold Landlord harmless in connection with any claim or final certificate liability asserted against or incurred by Landlord in connection with any such lien. (e) Tenant shall maintain (or cause its general contractor to maintain) during the construction of occupancythe Tenant Improvements, have been madeat its sole cost and expense, given and/or posted. As used herein, builders' risk insurance for the amount of the completed value of the Tenant Improvements providing for "special form" coverage covering all improvements under construction, including building materials stored at the Premises. (f) Upon completion of the Tenant Improvements, Tenant shall deliver to Landlord the following, all of which shall be deemed “Substantially Completed” when to the Landlord's reasonable satisfaction: (i) the improvements have been completed in accordance with the Tenant Plans such that the Premises may be occupied by Tenant Copies of any certificates required for the commencement of its business operations therein, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects which shall not disturb Tenant’s business operations and (ii) Tenant has procured a (temporary or permanent) certificate of occupancy permitting the uninterrupted occupancy of the Premises, if required including a permanent and complete Certificate of Occupancy issued by lawthe City of Mountain View.