Common use of Completion of the Work Clause in Contracts

Completion of the Work. 9.7.1 Close-Out Procedures When the Contractor considers that the Work, or a portion thereof which the District agrees to accept separately, is complete, the Contractor shall prepare and submit to the District a comprehensive list of minor items to be completed or corrected (Punch List). The Contractor and/or its Subcontractors shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the Contractor’s list, the District will make an inspection to determine whether the Work, or designated portion thereof, is complete. If the District’s inspection discloses any item, whether or not included on the Contractor’s list, is not completed in accordance with the requirements of the Contract Documents, the Contractor shall, before District’s issuance of the Notice of Completion, complete or correct such item. The Contractor shall then submit a request for an additional inspection by the District to determine Completion. When the Work, or designated portion thereof, is complete, the District will prepare a Notice of Completion which shall establish the date of Completion, establish the responsibilities of the District and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and fix the time within which the Contractor shall finish all items on the list accompanying the Notice of Completion. Warranties required by the Contract Documents shall commence on the date of Completion of the Work, or designated portion thereof, unless otherwise provided in the Notice of Completion. The Notice of Completion shall be submitted to the District and the Contractor for their written acceptance of responsibilities assigned to them in such Notice. 9.7.2 Costs of Multiple Inspections More than two (2) requests of the District to make inspections required under paragraph 9.7.1 shall be considered an additional service of Architect, and all subsequent costs will be invoiced to Contractor and withheld from remaining payments.

Completion of the Work. 9.7.1 Close4.1 In the event that Landlord anticipates that (a) the Landlord’s Work for the Pre-Out Procedures When Expansion Premises, the Contractor considers that Base Building Work and the Entrance Work shall not be completed by the Scheduled Commencement Date, or (b) the Landlord’s Work for the Expansion Premises shall not be completed by the Expansion Premises Scheduled Commencement Date, Landlord shall give Tenant not less than ten (10) days’ notice in writing of the date upon which Landlord expects to tender the Pre-Expansion Premises or the Expansion Premises, as the case may be, with the Landlord’s Work, or a portion thereof which the District agrees Base Building Work and/or the Entrance Work relating to accept separately, is completethe Pre-Expansion Premises and/or the Expansion Premises (as applicable) substantially completed. In the event of any dispute as to when and whether the Landlord’s Work, the Contractor Base Building Work and/or the Entrance Work has been substantially completed, the certificate of occupancy (whether temporary or permanent) issued by the local governmental authority (a “Certificate of Occupancy”) shall prepare and submit be conclusive evidence of such completion with respect to the District a comprehensive list of minor items to be completed or corrected Pre-Expansion Premises and/or the Expansion Premises (Punch Listas applicable). The Contractor and/or its Subcontractors shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the Contractor’s list, the District will make an inspection to determine whether the Work, or designated portion thereof, is complete. If the District’s inspection discloses any item, whether or not included on the Contractor’s list, is not completed in accordance with the requirements of the Contract Documents, the Contractor shall, before District’s issuance of the Notice of Completion, complete or correct such item. The Contractor shall then submit a request for an additional inspection by the District to determine Completion. When the Work, or designated portion thereof, is complete, the District will prepare a Notice of Completion which shall establish the date of Completion, establish the responsibilities of the District and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and fix the time within which the Contractor shall finish all items on the list accompanying the Notice of Completion. Warranties required by the Contract Documents shall commence effective on the date of the delivery of a copy of any such certificate to Tenant (each, a “Substantial Completion Date”). 4.2 If Landlord shall be delayed in substantially completing any aspect of the Landlord’s Work, the Base Building Work and/or the Entrance Work or in obtaining the applicable Certificate of Occupancy with respect to the Pre-Expansion Premises and/or the Expansion Premises (as applicable) as a result of any Tenant Delay or act or omission by Tenant, its agents, employees, representatives or contractors, or any one or more of them, including without limitation, the following: 4.2.1 Tenant’s failure to pay any amounts required hereunder within the period set forth herein; or 4.2.2 Tenant’s request for any materials, finishes or installations other than as listed on Schedule I hereof; or 4.2.3 Tenant’s delay in providing the Preliminary Plans, the Working Drawings and/or the final Tenant’s Plans as and when required herein or in supplying SGA, Landlord’s consultants (the “Consultants”) or the Contractor with any requested information; or 4.2.4 Tenant’s material changes at any time or from time to time in any one or more of the Tenant Plans, regardless of Landlord’s approval of any such changes; or 4.2.5 The performance or completion by Tenant, or any person or entity employed by Tenant, of any work on or about any portion of the Premises, including without limitation, any disharmony, labor disturbance or interference caused by such performance or completion; or 4.2.6 Any other act or omission by Tenant or any of its agents, employees, representatives or contractors (including, without limitation, those listed in Section 2.4 of the Lease); then, notwithstanding the fact that substantial completion has not occurred, (a) the Commencement Date, the Expansion Premises Commencement Date, the Pre-Expansion Premises Rent Commencement Date and the Expansion Premises Rent Commencement Date shall be accelerated by the number of days of such Tenant Delay, but in no event to a date earlier than the original Commencement Date, and (b) Tenant shall pay to Landlord (i) additional rent equal to 1/365th of the Annual Rent for every day of such Tenant Delay, and (ii) any increase in the Cost of Landlord’s Work (as hereinafter defined), the budgeted cost of the Base Building Work and the budgeted cost of the Entrance Work as a result of such Tenant Delay. Notwithstanding the foregoing, none of the foregoing events shall constitute a Tenant Delay unless (x) the same results in an actual delay in the ability to perform the Work, or designated portion thereof, unless otherwise provided and (y) Landlord notifies Tenant in the Notice of Completion. The Notice of Completion shall be submitted to the District and the Contractor for their written acceptance of responsibilities assigned to them in such Notice. 9.7.2 Costs of Multiple Inspections More than two (2) requests writing of the District claimed Tenant Delay within forty-eight (48) hours following the event claimed to make inspections required under paragraph 9.7.1 shall be considered an additional service of Architect, and all subsequent costs will be invoiced to Contractor and withheld from remaining paymentsa Tenant Delay.

Completion of the Work. 9.7.1 Close-Out Procedures When 10.1 Action by Owner and Owner's Engineer with respect to Completion Certificates. Upon Owner's request and exclusively for the Contractor considers that sole benefit of Owner, Owner's Engineer shall review and accept or reject the WorkCompletion Certificates issued by Contractor. The Completion Certificates shall be accompanied by the appropriate supporting documentation identified in the Milestone Payment Schedule. Such documentation shall consist of (i) in the case of the Milestone Completion Certificate for factory testing, or a portion thereof which copy of the District agrees to accept separatelytest report, is completeand (ii) in the case of the Milestone Completion Certificate for shipment of Equipment and Materials, a copy of the xxxx(s) of lading. Contractor shall prepare concurrently deliver to Owner a copy of each submittal it makes to Owner's Engineer pursuant to this Section. Within five (5) business days of receipt of any Completion Certificate (ten (10) business days in the case of the Performance Test Completion Certificate), Owner's Engineer shall deliver a notice to Contractor accepting or rejecting such Completion Certificate. If such Completion Certificate is rejected, Owner's Engineer will specifically identify its reasons for rejection of the Certificate. If Contractor accepts the reasons for such rejection, it shall take corrective action in accordance with this Agreement and submit a new Completion Certificate to the District a comprehensive list of minor items to be completed or corrected (Punch List). The Contractor and/or its Subcontractors shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work Owner's Engineer for action in accordance with the Contract Documentsprocedures set forth in this Section. Upon receipt of If Contractor disagrees with the Contractor’s listreasons for the rejection or if Owner's Engineer fails to act upon the Completion Certificate within the time period provided for herein (or such longer period as the Contractor and Owner's Engineer may mutually agree upon), Contractor shall promptly notify Owner's Engineer and Owner, and the District will make an inspection Parties and Owner's Engineer shall meet to determine whether attempt to resolve the Work, disagreement (or designated portion thereof, is completedelay). If the District’s inspection discloses disagreement cannot be resolved within five (5) business days, Contractor shall act in accordance with the instructions of Owner without prejudice to its right to submit a request for a Change Order in accordance with Section 11.2 and to receive interest in accordance with Section 6.2 on any item, whether or payment deferred on account of such rejection of the Completion Certificate. Owner's Engineer's acceptance of a Completion Certificate shall be signified by Owner's Engineer's countersignature upon it. Owner's acceptance shall not included on relieve Contractor of any of its obligations to perform the Contractor’s list, is not completed Work in accordance with the requirements of this Agreement. Upon receipt of a Completion Certificate verified by Owner's Engineer, Owner shall signify its acceptance thereof by countersigning the Contract Documents, the Contractor shall, before District’s Completion Certificate. The date of issuance of a Completion Certificate shall constitute its effective date, provided that the Notice Completion Certificate has been accepted by Owner or, in case of Completiona Dispute, complete or correct such item. The Contractor shall then submit a request for an additional inspection by the District to determine Completion. When the Work, or designated portion thereof, it is complete, the District will prepare a Notice of Completion which shall establish the date of Completion, establish the responsibilities of the District and Contractor for security, maintenance, heat, utilities, damage ultimately determined pursuant to the Work and insurance, and fix the time within which the Contractor shall finish all items on the list accompanying the Notice provisions of Completion. Warranties required ARTICLE XXV that such Certificate should have been accepted by the Contract Documents shall commence on the date of Completion of the Work, or designated portion thereof, unless otherwise provided in the Notice of Completion. The Notice of Completion shall be submitted to the District and the Contractor for their written acceptance of responsibilities assigned to them in such NoticeOwner. 9.7.2 Costs of Multiple Inspections More than two (2) requests of the District to make inspections required under paragraph 9.7.1 shall be considered an additional service of Architect, and all subsequent costs will be invoiced to Contractor and withheld from remaining payments.

Completion of the Work. 9.7.1 Close-Out Procedures 16.1.1. When the Contractor CM/GC considers that the Work, Work or a designated portion thereof which the District agrees to accept separately, is completecomplete as defined in paragraph 2.1.5., the Contractor CM/GC shall notify the City of the Completion of the Work and prepare and submit to the District a comprehensive list of minor items to be completed or corrected. 16.1.2. Within ten (10) days after receipt of the CM/GC's notice of Completion of the Work, the City, the Architect and the CM/GC shall make an inspection of the Work to determine whether the Work has been completed in accordance with the Contract Documents and to prepare a punch list. If the Work has not been completed to the required stage, the parties shall cease the inspection and an appropriate Change Order shall be issued deducting from the payments then or thereafter due the CM/GC, all costs associated with such premature inspection, including compensation for the Architect's additional services made necessary thereby. If the payments then or thereafter due the CM/GC are not sufficient to cover such amount, the CM/GC shall pay the difference to the City. If, however, the Work has been completed to the required stage, a punch list shall be prepared by the City and consist of those items listed by the CM/GC to be completed or corrected (Punch List)as supplemented by those items observed and noted during the inspection. The Contractor and/or its Subcontractors shall proceed promptly required number of copies of the punch list will be countersigned by the authorized representative of the City and will then be transmitted to complete and correct items on the listCM/GC. Failure The failure to include an item any items on such list does shall not alter the responsibility of the Contractor CM/GC to complete all Work in accordance with the Contract Documents. 16.1.3. Upon receipt When the City, on the basis of the Contractor’s listinspection, determines that the District will make an inspection to determine whether the Work, Work or designated portion thereof, is complete. If the District’s inspection discloses any item, whether or not included on the Contractor’s list, is not completed in accordance with the requirements of the Contract Documents, the Contractor shall, before District’s issuance of the Notice of Completion, complete or correct such item. The Contractor shall then submit a request for an additional inspection by the District to determine Completion. When the Work, or designated portion thereof, thereof is complete, the District City will also then prepare a Notice Certificate of Completion of the Work which shall establish the date Date of CompletionCompletion of the Work, establish shall state the responsibilities of the District City and Contractor the CM/GC for security, maintenance, heat, heat utilities, property insurance premiums, and damage to the Work and insuranceWork, and shall fix the time within which the Contractor CM/GC shall finish all complete the items on the list accompanying the Notice of Completionlisted therein. Warranties required by the Contract Documents shall commence on the date The Certificate of Completion of the Work, or designated portion thereof, unless otherwise provided in the Notice of Completion. The Notice of Completion Work shall be submitted to the District Project Manager and the Contractor CM/GC for their written acceptance of the responsibilities assigned to them in such NoticeCertificate. 9.7.2 Costs of Multiple Inspections More than two (2) requests of the District to make inspections required under paragraph 9.7.1 shall be considered an additional service of Architect, and all subsequent costs will be invoiced to Contractor and withheld from remaining payments.

Completion of the Work. 9.7.1 9.1 Close-Out Procedures Procedures (a) Incomplete Punch Items. When the Contractor CONTRACTOR considers that the Work, or a portion thereof which the District agrees to accept separately, is completeWork Substantially Complete (See Article 2 for definition of Substantially Complete), the Contractor CONTRACTOR shall prepare and submit to the District DISTRICT a comprehensive list of minor items to be completed or corrected (hereinafter “Incomplete Punch ListItems”). The Contractor CONTRACTOR and/or its Subcontractors shall proceed promptly to complete and correct items on the listIncomplete Punch Items listed. Failure to include an item on such list does not alter the responsibility of the Contractor CONTRACTOR to complete all Work in accordance with the Contract Documents. Upon receipt CONTRACTOR is aware that Title 24 Section 4-343(a) provides: “RESPONSIBILITIES. IT IS THE DUTY OF THE CONTRACTOR TO COMPLETE THE WORK COVERED BY HIS OR HER CONTRACT IN ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS THEREFOR. THE CONTRACTOR IN NO WAY IS RELIEVED OF ANY RESPONSIBILITY BY THE ACTIVITIES OF THE ARCHITECT, ENGINEER, INSPECTOR OR DSA IN THE If any of the Contractor’s listconditions noted in Article 2 as defining Substantial Completion are not met, the Inspector, Architect or District will make an inspection to determine whether the Work, or designated portion thereof, is completemay reject CONTRACTOR’s Incomplete Punch Items as premature. If the District’s inspection discloses any itemArchitect and Inspector commence review of Incomplete Punch Items, whether or all rights are reserved until the Project actually meets the definition of Substantially Complete. Liquidated Damages, warranties, and other contractual rights are not included on affected by Incomplete Punch Items unless otherwise addressed in these General Conditions. Once the Contractor’s listInspector, Architect, and/or DISTRICT determine the Project is not completed in accordance with the requirements Substantially Complete, a Certificate of the Contract Documents, the Contractor shall, before District’s issuance of the Notice of Completion, complete or correct such itemSubstantial Completion shall be issued. The Contractor Inspector, Architect, and/or DISTRICT shall then submit a request for an additional inspection by the District to determine Completion. When the Work, or designated portion thereof, is complete, the District will prepare a Notice Punch List of Completion items which shall establish the date of Completion, establish the responsibilities of the District and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and fix the time within which the Contractor shall finish all items on the list accompanying the Notice of Completion. Warranties required by the Contract Documents shall commence on the date of Completion is an inspection report of the Work, or designated portion thereofif any, unless otherwise provided required in order to complete the Notice of CompletionContract Documents and ensure compliance with the Plans and Specifications so the Project may be completed by the CONTRACTOR and a final DSA Close-Out is approved. The Notice of Completion shall be submitted to When all Work for the District and the Contractor for their written acceptance of responsibilities assigned to them in such Notice. 9.7.2 Costs of Multiple Inspections More than two (2) requests of the District to make inspections required under paragraph 9.7.1 shall be considered an additional service of ArchitectProject is Complete, including Punch Lists and all subsequent costs will be invoiced to Contractor Work complies with the approved Contract Documents and withheld from remaining paymentsChange Orders, the Project has reached Final Completion.