Common use of Conduct of Construction Clause in Contracts

Conduct of Construction. After Tenant has Commenced Construction of the Improvements, such construction shall be diligently prosecuted so that the affected portion of the Premises shall not remain in a partly finished condition any longer than is reasonably necessary. In no event shall there be a Stoppage of Construction because of any action of the Tenant for a continuous period in excess of sixty (60) days, which sixty-day period may be extended day for day due to the occurrence of the events described in clauses (a), (b), and (c) of Section 3.3.1 above. In addition, no material excavation shall be made on any portion of the Premises and no material amount of sand, gravel, soil or other material shall be removed therefrom, other than in connection with the construction or alteration of the Improvements in accordance with the Construction Requirements. It is Tenant’s responsibility to design and construct the Improvements in compliance with federal and state laws, codes, rules, regulations, ordinances, and CSU construction standards. Copies of the CSU construction standards are attached hereto as Exhibit C. Tenant shall promptly notify both Landlord and the California Division of Oil, Gas and Geothermal Resources in the event that in the course of grading and construction Tenant or its Contractor discover any unrecorded, abandoned oil or gas xxxxx, or in the event that any oil or gas xxxxx, whether abandoned or not, are damaged or uncovered during the course of grading and construction. Tenant shall be solely responsible for complying with all applicable requirements of the California Division of Oil, Gas and Geothermal Resources in the event that remediation, recapping or other work is required with respect to any oil xxxxx on the Property, whether abandoned or not. Tenant shall pay to the University a development fee in the amount of two percent (2%) of all hard and soft construction costs (not including financing costs), to reimburse the university for CSU review for compliance with: CSU seismic requirements, construction code requirements, California Building Code requirements (including access requirements), inspection by CSU and the State Fire Xxxxxxxx for fire code compliance, and CSU coordination.