Definition of Substantial Completion. The Premises shall be treated as having been substantially completed (and ready for occupancy for the purposes of Section 2.4 of the Lease) on the later of:
(a) The date on which Landlord’s Work, together with common facilities for access and services to the Premises, has been completed (or would have been completed except for Tenant Delay) except for items of work and adjustment of equipment and fixtures which can be completed after occupancy has been taken without causing substantial interference with Tenant’s use of the Premises (i.e. so-called “punch list” items), or
(b) The date when permission has been obtained from the applicable governmental authority, to the extent required by law, for occupancy by Tenant of the Premises for the Permitted Use, unless the failure to obtain such permission is due to a Tenant Delay. In the event of any dispute as to the date on which Landlord’s Work has been completed, the reasonable determination of Landlord’s architect as to such date shall be deemed conclusive and binding on both Landlord and Tenant.
Definition of Substantial Completion. Substantial Completion shall be achieved when (i) the Work has been completed in accordance with the requirements of this Agreement, (ii) the Project has been properly constructed and installed, is mechanically, electrically and structurally sound, and can be used safely and reliably, (iii) utility interconnection for the Project has been completed and approved by the local electric utility and acceptance by Owner of the Work has been provided, (iv) utility interconnection, start up, Commissioning Work and System Acceptance Testing, including a verification of kW design output, and all other Substantial Completion tasks set forth in Exhibit K (“Substantial Completion, Final Completion, Commissioning and System Acceptance Testing”) have been fully and finally completed, (v) Contractor has certified to Developer that Substantial Completion has been achieved by executing the Certificate of Substantial Completion in the form attached hereto as Exhibit F, (vi) the Project has achieved commercial operation and is available for full commercial operation, safely and in compliance with all Governmental Requirements, and the Project and its operation comply with all permits issued with respect to the Project, except for those permits that are not required for safe operation of the Project, (vii) Developer has approved the Certificate of Substantial Completion and (viii) Developer has received lien releases or waivers from all potential lien claimants (at any tier, but excluding Contractor) involved in the performance of the Work in the form attached hereto as Exhibit M (“Form of Waiver and Release of Lien Upon Final Payment”). Upon receipt of Contractor’s Certificate of Substantial Completion, Developer shall verify and advise Contractor within ten (10) business days that Developer, in its reasonable judgment based on the Developer’s independent verification, agrees that Substantial Completion has been achieved. If Developer fails to provide written notice that Developer does not accept that the Project has reached Substantial Completion within such ten (10) business day period, then the Project will be deemed to have reached Substantial Completion. Any written notice that Developer delivers that it does not accept that the Project has reached Substantial Completion shall specify all of the reasons for such determination by Developer.
Definition of Substantial Completion. The Premises shall be treated as having been substantially completed and be deemed ready for Tenant’s occupancy on the later of:
(a) The date on which Xxxxxxxx’s Work, together with common facilities for access and services to the Premises, has been completed (or would have been completed except for Tenant Delay) except for items of work and adjustment of equipment and fixtures which can be completed after occupancy has been taken without causing substantial interference with Xxxxxx’s use of the Premises (i.e. so-called “punch list” items), or
(b) The date when permission has been obtained from the applicable governmental authority, to the extent required by law, for occupancy by Tenant of the Premises for the Permitted Use, unless the failure to obtain such permission is due to a Tenant Delay. In the event of any dispute as to the date on which Xxxxxxxx’s Work has been completed, the reasonable determination of Landlord’s architect as to such date shall be deemed conclusive and binding on both Landlord and Tenant.
Definition of Substantial Completion. For purposes of this Lease, the term “Substantially Complete” (and its grammatical variations, such as Substantial Completion) when used with reference to Landlord's Work, will mean that Landlord's Work has been completed to such an extent that Tenant can commence its work, if any, to be undertaken by Tenant, as described in Exhibit “C” to this Lease (the “Tenant's Work”), without material delay or interference due to the completion of Landlord's Work, or if no such Tenant's Work is to be undertaken, then such term will mean completed to such an extent that the Landlord's Work can be finally completed within 60 days and without material interference to Tenant's occupancy and use of the Premises.
Definition of Substantial Completion. Design/Builder and Owner have agreed to the following standards as a measure of the Project’s Substantial Completion and acceptance. Articles 1.01.43 and 13.05 of the General Conditions shall be amended to include the following elements to define Substantial Completion:
Definition of Substantial Completion. For purposes of this Lease, the term “Substantially Complete” (and its grammatical variations, such as Substantial Completion) when used with reference to Landlord’s Work, will mean that Landlord’s Work has been completed to such an extent that Tenant can commence its work, if any, to be undertaken by Tenant, as described in Exhibit “C” to this Lease (the “Tenant’s Work”), without material delay or interference due to the completion of Landlord’s Work.
Definition of Substantial Completion. For the purposes of this Agreement, the terms "Substantially Completed", "Substantially Complete" and "Substantial Completion", when applied to the Casino or the Hotel, shall be deemed to have occurred upon the latest to occur of the following events:
Definition of Substantial Completion. The First Additional Premises shall be treated as having been substantially completed and be deemed ready for Tenant’s occupancy on the later of: (a) The date on which Landlord’s Work in the First Additional Premises, together with common facilities for access and services to the First Additional Premises, has been completed (or would have been completed except for Tenant Delay) except for items of work and adjustment of equipment and fixtures which can be completed after occupancy has been taken without causing substantial interference with Tenant’s use of the First Additional Premises (i.e. so-called “punch list” items), or (b) The date when permission has been obtained from the applicable governmental authority, to the extent required by law, for occupancy by Tenant of the First Additional Premises for the Permitted Use, unless the failure to obtain such permission is due to a Tenant Delay. In the event of any dispute as to the date on which Landlord’s Work in the First Additional Premises has been completed, the reasonable determination of Landlord’s architect as to such date shall be deemed conclusive and binding on both Landlord and Tenant.
Definition of Substantial Completion. Substantial completion and the estimated cost for substantial completion for the purposes of Paragraph 8 shall be determined by a licensed professional engineer or architect subject to the following:
9.1 Items referred to in Paragraph 8.3 shall be substantially complete only after all utility mains and leads, all major constructional components, sidewalks, driveways, landscaping and access roads, to the extent such items are designated on the Condominium Subdivision Plan as “Must Be Built”, are substantially complete in accordance with appurtenant plans therefore.
9.2 If the estimated cost of substantial completion of any of the items referred to in Paragraphs 8.3 and 8.4 cannot be determined by a licensed professional engineer or architect due to the absence of plans, specifications, or other details that are sufficiently complete to enable such a determination to be made, such costs shall be an estimate of the costs of substantial completion prepared by a licensed professional engineer or architect.
9.3 A structure, facility, or other improvements shall be deemed to be substantially complete when it can be reasonably employed for its intended use, and, for purposes of certification under the Act, shall not be required to be constructed, installed, or furnished precisely in accordance with the specifications for the Project. A certificate of substantial completion shall not be deemed to be a certification as to the quality of the items to which it relates.
Definition of Substantial Completion. The Premises shall be “Substantially Complete” and be deemed ready for Tenant’s occupancy on the later of:
(a) The date on which Landlord’s Work, together with common facilities for access and services to the Premises, has been completed (or would have been completed except for Tenant Delay) except for items of work and adjustment of equipment and fixtures which can be completed without causing substantial interference with Tenant’s use of the Premises (i.e. so-called “punch list” items), or
(b) The date when a certificate of occupancy, has been approved for issuance by the City of Waltham for occupancy by Tenant of the Premises for the Permitted Use (to the extent necessary), unless the failure to obtain such approval is due solely to a Tenant Delay. In the event of any dispute as to the date on which Landlord’s Work has been completed, the reasonable determination of Landlord’s architect as to such date shall be deemed conclusive and binding on both Landlord and Tenant.
