Common use of Completion of the Tenant Improvements Clause in Contracts

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. On or before the Target Commencement Date (subject to Tenant Delays and delays due to Force Majeure), Landlord shall substantially complete or cause to be substantially completed the Tenant Improvements in a good and workmanlike manner, in compliance accordance with applicable Legal Requirements, the TI Construction Drawings Requirements 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 architect and the General Contractor 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. If required by applicable Legal Requirements, a certificate of occupancy (which may include a conditional certificate of occupancy) for the Tenant Improvements or permission to occupy issued by the appropriate municipal official shall be required for Substantial Completion; provided, however, that no delay on the part of the applicable Governmental Authority or municipal official in the issuance of such certificate of occupancy or permission to occupy, which delay arises from or relates to work by Tenant or its contractors, shall operate to delay Substantial Completion, and any such delay that arises from or relates to work by Tenant or its contractors shall be deemed to be a “Tenant Delay” under Section 3(f) below. If a conditional certificate of occupancy is issued, Landlord agrees to use commercially reasonable efforts to obtain the certificate of occupancy prior to the expiration of the conditional certificate of occupancy or obtain an extension of such conditional certificate of occupancy. 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 Landlord’s Work. For purposes of this Work Letter and the Tenant Improvements. Landlord shall promptly undertake and completeLease, or cause to be completed, all punch list items. Tenant shall have no obligation to restore the Tenant Improvements at the expiration Substantial Completion of the TermBase Building Work shall mean that Landlord’s contractor has substantially completed the Base Building Work in a good and workmanlike manner, in accordance with the building permit therefor, subject to Minor Variations and normal “punch list” items of a non-material nature that do not interfere with the use of the Premises.

Completion of the Tenant Improvements. Landlord shall substantially complete or cause to be substantially completed (a) At such time as the Tenant Improvements shall be completed, Tenant, at its sole cost and expense and without cost to Landlord shall: (i) Furnish evidence satisfactory to Landlord that all of the Tenant Improvements have been completed and paid for in full (and such work has been accepted by Landlord), that any and all liens therefor that have been or might be filed have been discharged of record (by payment, bond, order of a good court of competent jurisdiction or otherwise) or waived, and workmanlike manner, in compliance with Legal Requirements, that no security interests relating thereto are outstanding; (ii) Reimburse Landlord for the TI Construction Drawings and cost of any of the TI Permit subject, in each caseTenant Improvements performed for Tenant by Landlord at Tenant’s request, to Minor Variations the extent not covered by the Improvements Allowance; (iii) Furnish to Landlord copies of all certifications and normal “punch list” items approvals with respect to the Tenant Improvements that may be required from any governmental authority and any board of a non-material nature that do not interfere with fire underwriters or similar body for 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 Premises; (but specifically excluding any permits, licenses or other governmental approvals iv) Furnish Landlord with one (1) set of reproducible “as built” drawings (on CADD file) and two (2) sets of “blue-line” “as built” drawings of the Premises; (v) Furnish to Landlord the insurance required to be obtained in connection with provided by Tenant pursuant to Article 17 of the Lease; (vi) Furnish an affidavit from Tenant’s operations architect certifying that all work performed in the PremisesPremises is in accordance with the working drawings and specifications approved by Landlord; and (vii) Furnish all guaranties and/or warranties in accordance with this Exhibit. (“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 b) Within ninety (“AIA”90) 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 days after the Tenant Improvements are completed by Tenant, at the expiration of the Termits sole cost and expense and without cost to Landlord, shall furnish to Landlord an HVAC air balancing report (reasonably satisfactory to Landlord).

Completion of the Tenant Improvements. Landlord shall substantially complete or use commercially reasonable efforts to cause the Tenant Improvements to be substantially completed the Tenant Improvements in a good and workmanlike mannercompleted, 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 except for Punch List Items (defined below) including issuance 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 Occupancy of the Leased Premises (but specifically excluding and any permits, licenses or other permits and approvals as may be required from any governmental approvals required to be obtained authority having jurisdiction in connection with Tenant’s operations in the Premises) Tenant Improvements (“Substantial Completion” or “Substantially Complete”). Upon Substantial Completion of the Tenant Improvements” or “Substantially Completed”). The date that the Tenant Improvements are Substantially Complete is the “Substantial Completion Date”. Landlord shall use commercially reasonable efforts to cause the Punch List Items to be completed as soon as reasonably possible. Within 30 days after the Substantial Completion Date, Tenant shall give Landlord written notice of any claimed deficiencies in the Tenant Improvements, including any mechanical adjustments or minor details of construction (the “Punch List Items”). Within 10 business days after receipt of such notice (or upon any other mutually agreeable date), Landlord shall require cause corrective work that is required to be begun and diligently prosecute same to completion. Notwithstanding the TI Architect foregoing, Landlord shall not be responsible for correcting any damage caused to the Tenant Improvements by Tenant or its employees, contractors or agents in connection with the Tenant’s move into the Leased Premises or any other reason other than the fault of Landlord, Landlord’s Representative or Trimbuilt (and their respective employees, contractors or agents). Except for latent defects in the General Contractor materials and workmanship of the Tenant Improvements (which are subject to execute and deliver, Trimbuilt’s 1 -year warranty that Landlord will use commercially reasonable efforts to enforce for the benefit of Tenant), if Tenant and Landlordfails to give Landlord notice of any patent deficiency as provided herein, 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. then Tenant shall be deemed to have no obligation to restore accepted the Tenant Improvements at inclusive of such deficiency and waived any right to corrective work with respect to the expiration of the Termsame.

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 accordance with applicable Legal Requirements, the approved TI Construction Drawings and the TI Tl 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 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. If required by applicable Legal Requirements, a certificate of occupancy (which may include a conditional certificate of occupancy) for the Tenant Improvements or permission to occupy issued by the appropriate municipal official shall be required for Substantial Completion; provided, however, that no delay on the part of the applicable Governmental Authority or municipal official in the issuance of such certificate of occupancy or permission to occupy, which delay arises from or relates to work by Tenant or its contractors, shall operate to delay Substantial Completion, and any such delay that arises from or relates to work by Tenant or its contractors shall be deemed to be a “Tenant Delay” under Section 3(f) below. If a conditional certificate of occupancy is issued, Landlord agrees to use commercially reasonable efforts to obtain the certificate of occupancy prior to the expiration of the conditional certificate of occupancy or obtain an extension of such conditional certificate of occupancy. 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 TermLandlord’s Work.

Completion of the Tenant Improvements. Landlord shall substantially complete or cause to be substantially completed Upon the earlier of such time as the Tenant Improvements shall be completed or 18 months after the Commencement Date, Tenant, at Tenant’s expense, shall: (a) furnish final lien waivers and other evidence satisfactory to Landlord that all of the Tenant Improvements has been completed and paid for in a good full, that any and workmanlike mannerall liens therefor that have been or might be filed have been discharged of record ( by payment, in compliance with Legal Requirementsbond, the TI Construction Drawings and the TI Permit subject, in each case, to Minor Variations and normal “punch list” items order of a non-material nature court of competent jurisdiction or otherwise) or waived, and that do not interfere no security interests relating thereto are outstanding; (b) reimburse Landlord for the cost of any the Tenant Improvements done for Tenant by Landlord (it being agreed, however, that Landlord shall have no obligation to perform the same); (c) furnish to Landlord all certifications and approvals with respect to the Tenant Improvements that may be required from any governmental authority and any board of fire underwriters or similar body for 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 Premises; (but specifically excluding any permits, licenses or other governmental approvals required to be obtained in connection with Tenant’s operations in the Premisesd) (“Substantial Completion” or “Substantially Complete”). Upon Substantial Completion within 30 after completion of the Tenant Improvements, Landlord Tenant shall require the TI cause Tenant’s Architect and the General Contractor Tenant’s Engineer to execute furnish a full set of “as-built” drawings and deliver, for the benefit of Tenant Tenant’s Construction Documents to Landlord in blue-line form and Landlord, a Certificate of Substantial Completion on disc in an AUTOCADD Version 14 format; (e) furnish an affidavit from Tenant’s architect certifying that all work performed in the form of Premises is in accordance with the American Institute of Architects Tenant’s Construction Documents approved by Landlord; (“AIA”f) document G704. For purposes of this Work Letter, “Minor Variations” shall mean furnish all guaranties and/or warranties relating to 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 portion of the Tenant Improvements. ; (g) furnish a certified HVAC air balancing report (reasonably satisfactory to Landlord); (h) furnish Landlord shall promptly undertake and completewith copies of all O&M information, manuals, etc.; and (i) a nonresidential use permit (NonRUP) or cause to be completed, all punch list items. Tenant shall have no obligation to restore the Tenant Improvements at the expiration of the Termits equivalent.