Completion of the Tenant Improvements. Landlord shall substantially complete or cause to be substantially completed the Tenant Improvements in a good and workmanlike manner, in compliance with Legal Requirements, the TI Construction Drawings and the TI Permit subject, in each case, to Minor Variations and normal “punch list” items of a non-material nature that do not interfere with the use of the Premises and with a certificate or temporary certificate of occupancy (or an equivalent approval having been issued) for the Premises permitting lawful occupancy of the Premises (but specifically excluding any permits, licenses or other governmental approvals required to be obtained in connection with Tenant’s operations in the Premises) (“Substantial Completion” or “Substantially Complete”). Upon Substantial Completion of the Tenant Improvements, Landlord shall require the TI Architect and the General Contractor to execute and deliver, for the benefit of Tenant and Landlord, a Certificate of Substantial Completion in the form of the American Institute of Architects (“AIA”) document G704. For purposes of this Work Letter, “Minor Variations” shall mean any non-material modifications reasonably required: (i) to comply with all applicable Legal Requirements and/or to obtain or to comply with any required permit (including the TI Permit); (ii) to comply with any request by Tenant for modifications to the Tenant Improvements; (iii) to comport with good design, engineering, and construction practices that are not material; or (iv) to make reasonable adjustments for field deviations or conditions encountered during the construction of the Tenant Improvements. Landlord shall promptly undertake and complete, or cause to be completed, all punch list items. Tenant shall have no obligation to restore the Tenant Improvements at the expiration of the Term.
Completion of the Tenant Improvements. COMMENCEMENT DATE
Completion of the Tenant Improvements. 4.1 For purposes of this Lease, “Substantial Completion” of the Tenant Improvements in the Premises shall occur upon the completion of the construction of the Tenant Improvements pursuant to the Approved Construction Plans, together with the issuance of appropriate certificate of occupancy, with the exception of any punch list items and any Lessee fixtures, work-stations, built-in furniture, or equipment to be installed by Lessee.
4.2 Provided that Lessee and its agents or employees do not interfere with work contractor’s work in the Building and the Premises, Lessee and its contractors, subcontractors, laborers, materialmen and suppliers shall be given access to the Premises for a period of three (3) weeks prior to Substantial Completion of the Tenant Improvements for the purpose of Lessee installing communication lines, moveable work stations and other personal property. Prior to Xxxxxx’s entry, Lessee will submit a schedule detailing the timing and purpose of Xxxxxx’s entry to Lessor and Contractor for their approval, which approval cannot be unreasonably withheld.
4.3 Upon substantial completion of the Tenant Improvement work, Lessor shall coordinate a walk-through of the Premises to determine any remaining “punch-list” items. Lessor shall have ten (10) days to complete all remaining punch list items prior to Xxxxxx’s occupancy of the Premises. In the event Lessor does not complete the punch list items within this ten (10) day period, Lessee shall have the option to self-perform all needed repairs, in which event Lessee shall be entitled to reimbursement of any payments made by Xxxxxx or a rent credit equal to the actual costs thus paid by Xxxxxx.
Completion of the Tenant Improvements. Following execution of the Lease, receipt of any additional funds as may be required pursuant to Paragraph 2.2 above, and issuance of all required permits and licenses, Landlord shall proceed with due diligence to construct the Tenant Improvements in a good workmanlike manner, in accordance with the Plans and all Laws. Landlord shall use its reasonable efforts to achieve Substantial Completion (as defined below) in a timely manner following mutual execution of the Lease. However, subject only to Section 7 below, Landlord shall not be liable for any direct or indirect damages as a result of delays in construction beyond Landlord’s control, including, without limitation, strikes, non-availability of materials or labor through ordinary sources, rain, fire, flood or any other inclement weather conditions, delays in governmental or quasi-governmental approvals, or Tenant Delays (as defined below).
Completion of the Tenant Improvements. LEASE COMMENCEMENT DATE 5.1
Completion of the Tenant Improvements. Landlord shall substantially complete or cause to be substantially completed Tenant Improvements in a good and workmanlike manner, in accordance with the TI Permit subject, in each case, to Minor Variations and normal “punch list” items of a non-material nature that do not interfere with the use of the Premises (“Substantial Completion” or “Substantially Complete”). Upon Substantial Completion of the Tenant Improvements, Landlord shall require the TI Architect and the general contractor to execute and deliver, for the benefit of Tenant and Landlord, a Certificate of Substantial Completion in the form of the American Institute of Architects (“AIA”) document G704. For purposes of this Work Letter, “Minor Variations” shall mean any modifications reasonably required: (i) to comply with all applicable Legal Requirements and/or to obtain or to comply with any required permit (including the TI Permit); (ii) to comply with any request by Tenant for modifications to the Tenant Improvements; (iii) to comport with good design, engineering, and construction practices that are not material; or (iv) to make reasonable adjustments for field deviations or conditions encountered during the construction of the Tenant Improvements.
Completion of the Tenant Improvements. Tenant acknowledges that the financial success of the Building depends, in part, on Tenant’s opening the Premises for business on or before __________ [Insert appropriate date from ALTERNATIVE used in Section 3.1]described in Section 3.1 and that Xxxxxxxx’s damages arising from Tenant’s failure to do so are extremely difficult and impracticable to fix. Therefore, in the event Tenant’s initial opening for business in the Premises occurs after the Date Certain, commencing with the Date Certain and continuing until the date Tenant opens for business in the Premises, Tenant shall pay Landlord as liquidated damages, in addition to and not in lieu of Landlord’s other remedies, __________ percent (___%) of the daily Monthly Rent for each day, or fraction thereof, that Tenant fails to open and operate in the Premises as required under this Lease. Xxxxxx agrees that the aforementioned sums are fair compensation to Landlord for said damages. It is expressly agreed and understood that the payment of the aforementioned damages shall in no event relieve Tenant of its responsibility to pay Rent commencing on the Rent Commencement Date or prevent Landlord from pursuing its rights, remedies, and damages for any Event of Default by Tenant pursuant to Article 18 of this Lease.]
Completion of the Tenant Improvements. Tenant shall complete the Tenant Improvements described in the Final Plans prior to sixty (60) days after Lease execution. The Tenant Improvements shall be conclusively deemed to be substantially completed when all Tenant Improvements described in THE Final Plans are completed, except for minor items of work (e.g., punch list items) which can be completed with only minor interference with Tenant's conduct of business on the Leased Premises.
Completion of the Tenant Improvements. Tenant shall perform and complete the Tenant Improvements (a) in strict conformance with the Approved Plans (and otherwise subject only to De Minimis Variations), (b) in compliance with the Lease and (c) in accordance with Applicable Laws, Tenant’s insurance carriers and the board of fire underwriters having jurisdiction over the Entire Project and the Premises. The determination of whether the Tenant Improvements have reached the stage of substantial completion or final completion shall be made by Tenant’s Representative, in consultation with and subject to the reasonable approval of Landlord’s Representative. In the event of a dispute among the parties relating to (i) the stage of completion of the Tenant Improvements, (ii) whether the Tenant Improvements have been completed in conformance with the Approved Plans, (iii) whether a Landlord Delay or Force Majeure event has occurred, (iv) Tenant’s entitlement to a postponement of the Rent Commencement Date for the Entire New Premises by reason of a Landlord Change Order Request under Section 7.2 or (v) any other dispute arising under this Section 2.3, the same shall be resolved by the Neutral Architect whose determination shall be final and binding upon the parties.
Completion of the Tenant Improvements. The October 1, 1997 component of the definition of the Commencement Date specified in Article 1.A of the Lease shall be extended one (1) day for each day that Tenant is delayed in completing the Tenant Improvements in the Premises as a result of an "Uncontrollable Delay" or a "Landlord Delay."
