Common use of Construction; Substantial Completion Clause in Contracts

Construction; Substantial Completion. Landlord shall cause 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 each Increment of the Premises shall be deemed to have occurred when (a) the Tenant Improvements for such 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 Xxxxxx'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."

Appears in 1 contract

Samples: Office Lease (Ask Jeeves Inc)

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Construction; Substantial Completion. Landlord shall cause Landlord's 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 Premisescontrary herein, Landlord and Tenant shall cooperate with each other to resolve any space plan issues raised by applicable local building codes. "Substantial Completion" of the The Tenant Improvements for each Increment of the Premises shall be deemed to have occurred be “Substantially Completed” when (ai) the Tenant Improvements for such Increment 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 Xxxxxx's Tenant’s use of such portion of the Premises for Tenant's business, ’s business and (bii) 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 initial legal 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)issued. The definition of "Substantially Completed" shall also apply to the terms "Substantial Completion" and "Substantially Complete."

Appears in 1 contract

Samples: Office Lease (Zscaler, Inc.)

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 Increment 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 XxxxxxTenant'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."

Appears in 1 contract

Samples: Office Lease (Ask Jeeves Inc)

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 Landlord's Contractor to construct commence the construction of the Landlord Work as soon as is reasonably possible after the approval by Landlord and Tenant Improvements as shown on of the Final Plans in compliance with this Paragraph 4and receipt of any applicable permits. With regard Notwithstanding anything to telephones and computer systemsthe contrary 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 each Increment of the Premises Work shall be deemed to have occurred be “Substantially Completed” when (a) the Tenant Improvements for such Increment 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 Xxxxxx's Tenant’s use of such portion of the Premises for Tenant's ’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”. 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."

Appears in 1 contract

Samples: Office Lease (Guidance Software, Inc.)

Construction; Substantial Completion. Landlord shall cause Landlord's 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 each Increment of the Premises and 26th Floor Tenant Improvements shall be deemed to have occurred be “Substantially Completed” when (a) the Tenant Improvements for such Increment 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 Xxxxxx's Tenant’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, and (bif a certificate of occupancy is not necessary) 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)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."

Appears in 1 contract

Samples: Office Lease (2U, Inc.)

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Construction; Substantial Completion. Landlord shall cause Landlord's 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 Premisescontrary herein, Landlord and Tenant shall cooperate with each other to resolve any space plan issues raised by applicable local building codes. "Substantial Completion" of the The Tenant Improvements for each Increment of the Premises shall be deemed to have occurred be "Substantially Completed" when (a) the Tenant Improvements for such Increment 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 XxxxxxTenant'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"."

Appears in 1 contract

Samples: Office Lease (Kitara Media Corp.)

Construction; Substantial Completion. Landlord shall cause Landlord's 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 Premisescontrary herein, Landlord and Tenant shall cooperate with each other to resolve any space plan issues raised by applicable local building codes. "Substantial Completion" of the The Tenant Improvements for each Increment of the Premises shall be deemed to have occurred be "Substantially Completed" when (ai) the Tenant Improvements for such Increment 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 XxxxxxTenant's use of such portion of the Substitute 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". 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."

Appears in 1 contract

Samples: Office Lease (Kitara Media Corp.)

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