Common use of Definition of Substantial Completion Clause in Contracts

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. For purposes of this Lease, the term “Substantially Complete” (and its grammatical variations, such as Substantial Completion shall be achieved Completion) when used with reference to Landlord’s Work, will mean that (i) the Landlord’s Work has been completed completed, except for the minor punch-list items described in accordance with Paragraph 4.3, to such an extent that Tenant can commence occupancy of the requirements of this AgreementPremises, (ii) Building systems servicing the Project has been properly constructed and installed, is mechanically, electrically and structurally sound, and can be used safely and reliablyentirety of the Premises are fully operational, (iii) utility interconnection for the Project has been completed Building lobby, adequate parking spaces, and approved by the local electric utility and acceptance by Owner other portions of the Work has been providedCommon Areas whose completion is required for Tenant’s use of and access to the Premises (including sidewalks, exterior lighting, and hallways) are each completed to the extent that Tenant’s use thereof will not be materially affected by completion of any work by Landlord, (iv) utility interconnection, start up, Commissioning Work the area between the parking areas then serving the Premises and System Acceptance Testing, including the main entry to the Building are not covered with scaffolding or otherwise in a verification of kW design outputdangerous condition, 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 a temporary or final certificate of occupancy has been achieved by executing issued for 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, Building and the Project and Premises (or could be issued but for work to be undertaken, or action to be taken, by Tenant). Landlord shall use its operation comply with all permits issued with respect best, good faith efforts to the Project, except for those permits that are give Tenant not required for safe operation less than 60 days’ prior written notice of the Project, (vii) Developer has approved date Landlord anticipates will be 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 date of Substantial Completion. In the event Tenant commences its use of the Premises for the Permitted Use prior to the date the conditions described in clauses (i) through (iv) hereof are satisfied, Developer shall verify and advise Contractor within ten (10) business days that Developer, in its reasonable judgment based on the Developersuch use will constitute Tenant’s independent verification, agrees that Substantial Completion has been achieved. If Developer fails to provide written notice that Developer does not accept acknowledgment that the Project has reached Substantial Completion within such ten Landlord’s Work is Substantially Complete, notwithstanding its failure to satisfy the requirements of clauses (10i) business day periodthrough (iv), then above; provided, however, that nothing contained herein is intended to relieve Landlord of its obligation to Substantially Complete 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 DeveloperPremises.

Definition of Substantial Completion. For purposes of this Lease, the term “Substantially Complete” (and its grammatical variations, such as Substantial Completion shall be achieved Completion) when (i) the 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 accordance with Exhibit “C” to this Lease (the requirements of this Agreement“Tenant’s Work”), (ii) the Project has been properly constructed and installedwithout material delay, or if no such Tenant’s Work is mechanicallyto be undertaken, 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 then such term will mean that all Landlord Work has been providedperformed, (iv) utility interconnectionother than any details of construction, start upmechanical adjustment or any other similar matter, Commissioning Work the noncompletion of which does not materially interfere with Tenant’s use of the Premises 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 Occupancy (temporary or final) provided by the form attached hereto as Exhibit FCity of Boulder if required. However, (vi) the Project has achieved commercial operation and if Landlord 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 delayed in the performance of the Landlord Work in as a result of any Tenant Delay(s) (defined below), 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 Landlord Work 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 be Substantially Complete on the date that Landlord could reasonably have reached been expected to Substantially Complete the Landlord Work absent any Tenant Delay. “Tenant Delay” means any act or omission of Tenant or its agents, employees, vendors or contractors that actually delays the Substantial Completion. Any written notice Completion of the Landlord Work, including, without limitation: (i) Tenant’s failure to furnish information or approvals within any time period specified in this Lease, including the failure to prepare or approve preliminary of final plans by any applicable due date; (ii) Tenant’s selection of equipment or materials that Developer delivers that it does not accept have long lead times after first being informed by Landlord that the Project has reached Substantial Completion shall specify all selection may result in a delay; (iii) changes requested or made by Tenant to previously approved plans and specifications; (iv) performance of work in the Premises by Tenant or Tenant’s contractor(s) during the performance of the reasons for Landlord Work; or (v) if the performance of any portion of the Landlord Work depends on the prior or simultaneous performance of work by Tenant, a delay by Tenant or Tenant’s contractor(s) in the completion of such determination by Developerwork.