Common use of Construction; Substantial Completion Clause in Contracts

Construction; Substantial Completion. Landlord shall cause a contractor selected by Landlord ("Landlord's Contractor") to construct the Tenant Improvements as shown on the Plans in compliance with this Paragraph 4. With regard to telephones and computer systems, Landlord shall provide and cause to be installed only those wall terminal boxes and/or floor monuments required for Tenant's telephone or computer systems as are shown on the Plans. Landlord will provide ordinary power wiring to locations shown on the Plans and shall provide and cause to be installed conduits as required for Tenant's telephone and computer systems as shown on the Plans, but shall in no event install, pull or hook up such wires, supply jacks or plugs or provide wiring necessary for special conditioned power to the Premises."Substantial Completion" of the Tenant Improvements for the Initial Premises or Added Premises, as the case may be, shall be deemed to have occurred when the Tenant Improvements for such portion of the Premises have, in Landlord's reasonable judgment, been completed in accordance with the Plans, subject only to correction or completion of "Punch List" items, which items shall be limited to minor items of incomplete or defective work or materials or mechanical maladjustments that are of such a nature that they do not materially interfere with or impair Tenant's use of such portion of the Premises for Tenant's business. The definition of "Substantially Completed" shall also apply to the terms "Substantial Completion" and "Substantially Complete."

Construction; Substantial Completion. Landlord shall cause a contractor selected by Landlord ("Landlord's Contractor") Contractor to construct commence the construction of the Tenant Improvements as shown soon as is reasonably possible after the approval by Landlord and Tenant of the Final Budget and Tenant’s delivery to Landlord of the Letter of Credit, in the form required by Paragraph 6 below. In no event shall Landlord be required to commence construction of the Tenant Improvements prior to the date the Letter of Credit is received by Landlord. If Tenant has not delivered the Letter of Credit to Landlord on or before the Plans date (the “LOC Date”) that is ten (10) business days following the date of this Lease, then any delay in compliance with this the Substantial Completion of the Tenant Improvements that is caused by Tenant’s failure to deliver the Letter of Credit to Landlord on or before the LOC Date, shall constitute a Tenant Delay for purposes of the third grammatical paragraph of Paragraph 43 above. With regard Landlord and Contractor shall adhere to telephones the following schedule for construction: Receive permits for construction not later than July 15, 2004 Substantial Completion of Tenant Improvements in Increment 2 on or before August 12, 2004 Substantial Completion of Tenant Improvements in Increment 1 on or before September 16,2004 (“Target Completion Date”) Tenant acknowledges that the portion of the Tenant Improvements being constructed in Increment 1 will be constructed therein after Tenant has commenced occupancy of Increment 1. Landlord and computer systemsTenant shall agree upon a mutually acceptable staging schedule for the construction of the Tenant Improvements so that Tenant can vacate the portions of Increment 1 that are required to be vacated in order for certain of the Tenant Improvement work to be performed therein; provided, however, that any delay in the Substantial Completion of the Tenant Improvements caused by such staging shall constitute a Tenant Delay, rather than a Landlord Delay, for purposes of applying Paragraph 3.b. above. Tenant shall not be entitled to any abatement of the electricity or cleaning charge during the construction of the Tenant Improvements in Increment 1, nor of Monthly Rent if the Tenant Improvements are not completed prior to August 1, 2004; subject, however, to the third grammatical paragraph of Paragraph 3.b. above. Landlord shall provide and cause to be installed only those wall terminal boxes and/or floor monuments required for Tenant's ’s telephone or computer systems as are shown on the Final Plans. Landlord will provide ordinary power wiring to locations shown on the Final Plans and shall provide and cause to be installed conduits as required for Tenant's ’s telephone and computer systems as shown on the Final Plans, but shall in no event install, pull or hook up such wires, supply jacks or plugs wires or provide wiring necessary for special conditioned power to the Premises."Substantial Completion" of . Further, notwithstanding anything to the contrary herein, Landlord and Tenant shall cooperate with each other to resolve any space plan issues raised by applicable local building codes. The Tenant Improvements for the Initial Premises or Added Premises, as the case may be, shall be deemed to have occurred be “Substantially Completed” when the Tenant Improvements for such portion of the Premises (i) they have, in as determined by Landlord's reasonable judgment’s architect, been completed in accordance with the Final Plans, subject only to correction or completion of "“Punch List" ” items, which items shall be limited to minor items of incomplete or defective work or materials or mechanical maladjustments that are of such a nature that they do not materially interfere with or impair Tenant's ’s use of such portion of the Premises for Tenant's business’s business and (ii) any governmental approvals (which may be oral approvals by inspectors or other officials, and may be temporary or conditional in accordance with local practice) and permits required for the lega1 occupancy of the Premises have been issued. The definition of "“Substantially Completed" ” shall also apply to the terms "“Substantial Completion" ” and "“Substantially Complete”."

Construction; Substantial Completion. Landlord shall perform the Landlord Work pursuant to the Final Plans in a good and workmanlike manner and in compliance with all Applicable Laws. No asbestos-containing materials shall be used or incorporated in the Landlord Work. No lead-containing surfacing material, solder, or other construction materials or fixtures where the presence of lead might create a condition of exposure not in compliance with Environmental Laws shall be incorporated in the Landlord Work. Landlord shall cause a contractor selected Contractor to commence the construction of the Landlord Work as soon as is reasonably possible after the approval by Landlord ("Landlord's Contractor") and Tenant of the Final Plans and receipt of any applicable permits. Notwithstanding anything to construct the Tenant Improvements as shown on the Plans in compliance with this Paragraph 4. With regard to telephones and computer systemscontrary herein, Landlord and Tenant shall provide and cause cooperate with each other to be installed only those wall terminal boxes and/or floor monuments required for Tenant's telephone or computer systems as are shown on the Plansresolve any space plan issues raised by applicable local building codes. The Landlord will provide ordinary power wiring to locations shown on the Plans and shall provide and cause to be installed conduits as required for Tenant's telephone and computer systems as shown on the Plans, but shall in no event install, pull or hook up such wires, supply jacks or plugs or provide wiring necessary for special conditioned power to the Premises."Substantial Completion" of the Tenant Improvements for the Initial Premises or Added Premises, as the case may be, Work shall be deemed to have occurred be “Substantially Completed” when the Tenant Improvements for such portion of the Premises they have, in Landlord's ’s reasonable judgment, been completed in accordance with the Final Plans, subject only to correction or completion of "“Punch List" ” items, which items shall be limited to minor items of incomplete or defective work or materials or mechanical maladjustments that are of such a nature that they do not materially interfere with or impair Tenant's ’s use of such portion of the Premises for Tenant's ’s business. The definition of "“Substantially Completed" ” shall also apply to the terms "“Substantial Completion" ” and "“Substantially Complete”. The Landlord Work shall include warranties and guaranties that the subject materials and/or work shall be free of defect in materials and workmanship for a period of one (1) year following the date that the Landlord Work is Substantially Completed. Landlord shall provide Tenant on or before the Commencement Date a certificate of occupancy (or a similar certificate customarily issued by the jurisdiction in which the Building is located) for the Premises from the applicable governmental agency."

Construction; Substantial Completion. Landlord shall cause a contractor selected by Landlord ("Landlord's Contractor") Contractor to construct commence the construction of the Tenant Improvements as shown on soon as is reasonably possible after the approval by Landlord and Tenant of the Final Plans in compliance with this Paragraph 4and the Final Budget. With regard to telephones and computer systems, Landlord shall provide and cause to be installed only those wall terminal boxes and/or floor monuments required for Tenant's ’s telephone or computer systems as are shown on the Final Plans. Landlord will provide ordinary power wiring to locations shown on the Plans and shall provide and cause to be installed conduits as required for Tenant's ’s telephone and computer systems as shown on the Final Plans, but shall in no event install, pull or hook up such wires. Further, supply jacks or plugs or provide wiring necessary for special conditioned power notwithstanding anything to the Premises."Substantial Completion" of the contrary herein, Landlord and Tenant shall cooperate with each other to resolve any space plan issues raised by applicable local building codes. The Tenant Improvements for the Initial Premises or Added Premises, as the case may be, shall be deemed to have occurred be “Substantially Completed” when the Tenant Improvements for such portion of the Premises (i) they have, in Landlord's ’s reasonable judgment, been completed in accordance with the Final Plans, subject only to correction or completion of "“Punch List" ” items, which items shall be limited to minor items of incomplete or defective work or materials or mechanical maladjustments that are of such a nature that they do not materially interfere with or impair Tenant's ’s use of such portion of the Premises for Tenant's business’s business and (ii) any governmental approvals (which may be oral approvals by inspectors or other officials, and may be temporary or conditional in accordance with local practice) and permits required for the legal occupancy of the Premises have been issued. The definition of "“Substantially Completed" ” shall also apply to the terms "“Substantial Completion" ” and "“Substantially Complete."”

Construction; Substantial Completion. Landlord shall cause a contractor selected by Landlord ("Landlord's Contractor") Contractor to construct commence the construction of the Tenant Improvements as shown on soon as is reasonably possible after approval of the Plans in compliance with this Paragraph 4Final Plans. With regard to telephones and computer systems, Landlord shall provide and cause to be installed only those wall terminal boxes and/or floor monuments required for Tenant's telephone or computer systems as are shown on the Final Plans. Landlord will provide ordinary power wiring to locations shown on the Final Plans and shall provide and cause to be installed conduits as required for Tenant's telephone and computer systems as shown on the Final Plans, but shall in no event install, pull or hook up such wires. Further, supply jacks or plugs or provide wiring necessary for special conditioned power notwithstanding anything to the Premises."Substantial Completion" of the contrary herein, Landlord and Tenant shall cooperate with each other to resolve any space plan issues raised by applicable local building codes. The Tenant Improvements for the Initial Premises or Added Premises, as the case may be, shall be deemed to have occurred be "Substantially Completed" when the Tenant Improvements for such portion of the Premises they have, in Landlord's and Tenant's reasonable judgment, been completed in accordance with the Final Plans, subject only to correction or completion of "Punch List" items, which items shall be limited to minor items of incomplete or defective work or materials or mechanical maladjustments that are of such a nature that they do not materially interfere with or impair Tenant's use of such portion of the Premises for Tenant's business. The definition of "Substantially Completed" shall also apply to the terms "Substantial Completion" and "Substantially Complete"."

Construction; Substantial Completion. Landlord shall cause a contractor selected by Landlord ("Landlord's Contractor") Contractor to construct the Tenant Improvements as shown on the Plans in compliance with this Paragraph 4. With regard to telephones and computer systems, Landlord shall provide and cause to be installed only those wall terminal boxes and/or floor monuments required for Tenant's telephone or computer systems as are shown on the Plans. Landlord will provide ordinary power wiring to locations shown on the Plans and shall provide and cause to be installed conduits as required for Tenant's telephone and computer systems as shown on the Plans, but shall in no event install, pull or hook up such wires, supply jacks or plugs or provide wiring necessary for special conditioned power to the Premises."Substantial . "Substantial Completion" of the Tenant Improvements for each Increment of the Initial Premises or Added Premises, as the case may be, shall be deemed to have occurred when (a) the Tenant Improvements for such portion of the Premises Increment have, in Landlord's reasonable judgment, been completed in accordance with the Plans, subject only to correction or completion of "Punch List" items, which items shall be limited to minor items of incomplete or defective work or materials or mechanical maladjustments that are of such a nature that they do not materially interfere with or impair TenantXxxxxx's use of such portion of the Premises for Tenant's business, and (b) any governmental approvals (which may be oral approvals by inspectors or other officials, and may be temporary or conditional in accordance with local practice) required for the initial occupancy of the Premises by Tenant have been obtained, subject to final inspection and "sign off" as to isolated or incidental items of construction (provided that if the failure to obtain such approval results from construction of Tenant Improvements in accordance with Plans which do not comply with building codes or other Legal Requirements, then this item (b) shall not be a condition to the occurrence of Substantial Completion). The definition of "Substantially Completed" shall also apply to the terms "Substantial Completion" and "Substantially Complete."

Construction; Substantial Completion. Landlord shall cause a contractor selected by Landlord ("Landlord's Contractor") Contractor to construct commence the construction of the Tenant Improvements as shown on soon as reasonably possible after the Plans in compliance with this Paragraph 4approval by Landlord and Tenant of the Final Plans. With regard to telephones and computer systems, Landlord shall provide and cause to be installed only those the number of wall terminal boxes and/or floor monuments required for Tenant's telephone or computer systems as are shown on the Final Plans, with the actual location of such wall terminal boxes and/or floor monuments to be mutually and reasonably determined by Tenant, Landlord and Contractor in connection with the completion and approval of the Final Plans. Landlord will provide ordinary power wiring to locations shown on the Plans and shall provide and cause to be installed conduits as required for Tenant's telephone and computer systems as shown on the Final Plans, but shall in no event install, pull or hook up such wires. Further, supply jacks or plugs or provide wiring necessary for special conditioned power notwithstanding anything to the Premises."Substantial Completion" of the contrary herein, Landlord and Tenant shall cooperate with each other to resolve any space plan issues raised by applicable local building codes. The Tenant Improvements for the Initial Premises or Added Premises, as the case may be, shall be deemed to have occurred be "Substantially Completed" when the Tenant Improvements for such portion of the Premises (i) they have, in Landlord's reasonable judgment, been completed in accordance with the Final Plans, subject only to correction or completion of "Punch List" items, as defined below, and (ii) any governmental approvals (which may be oral approvals by inspectors or other officials, and may be temporary or conditional in accordance with local practice) and permits required for the legal occupancy of the Premises have been issued. "Funch List" items shall be limited to minor items of incomplete or defective work or materials or mechanical maladjustments that are of such a nature that they do not materially interfere with or impair Tenant's use of such portion of the Substitute Premises for Tenant's business. The definition of "Substantially Completed" shall also apply to the terms "Substantial Completion" and "Substantially Complete". Landlord shall cause Contractor to correct the Punch-List items (if any) as soon as commercially reasonably possible following the creation of the Punch-List."

Construction; Substantial Completion. Landlord shall cause a contractor selected by Landlord ("Landlord's Contractor") Contractor to construct commence the construction of the Tenant Improvements as shown on soon as is reasonably possible after the approval by Landlord and Tenant of the Final Plans in compliance with this Paragraph 4and the Final Budget. With regard to telephones and computer systems, Landlord shall provide and cause to be installed only those wall terminal boxes and/or floor monuments required for Tenant's ’s telephone or computer systems as are shown on the Final Plans. Landlord will provide ordinary power wiring to locations shown on the Final Plans and shall provide and cause to be installed conduits as required for Tenant's ’s telephone and computer systems as shown on the Final Plans, but shall in no event install, pull or hook up such wires, supply jacks or plugs wires or provide wiring necessary for special conditioned power to the Premises."Substantial Completion" . Further, notwithstanding anything to the contrary herein, Landlord and Tenant shall cooperate with each other to resolve any space plan issues raised by applicable local building codes. Each of the 28th Floor Tenant Improvements for the Initial Premises or Added Premises, as the case may be, and 26th Floor Tenant Improvements shall be deemed to have occurred be “Substantially Completed” when the Tenant Improvements for such portion of the Premises have, in Landlord's reasonable judgment, it has been completed in accordance with the PlansFinal Plans and is vacant and broom clean, subject only to correction or completion of "“Punch List" ” items, which items shall be limited to minor items of incomplete or defective work or materials or mechanical maladjustments that are of such a nature that they do not materially interfere with or impair Tenant's ’s use of such portion of the Premises for Tenant's business’s business and the City of Denver has issued a certificate of occupancy (or any other necessary required governmental approvals, if a certificate of occupancy is not necessary) for such space. The definition of "“Substantially Completed" ” shall also apply to the terms "“Substantial Completion" ” and "“Substantially Complete”. Notwithstanding the foregoing, if Substantial Completion or any portion of the Tenant Improvements is delayed as a result of any Tenant Delay, the Tenant Improvements will be deemed Substantially Complete on the date that such Tenant Improvements would have been substantially completed absent such Tenant Delay for purposes of determining the Commencement Date, the 26th Floor Premises Commencement Date, and the commencement of the 28th Floor Premises Abated Rent Period and the 26th Floor Premises Abated Rent Period."