Common use of Delivery of Possession, Punch List, and Acceptance Agreement Clause in Contracts

Delivery of Possession, Punch List, and Acceptance Agreement. As ------------------------------------------------------------ soon as the Interior Improvements are Substantially Completed, Landlord and Tenant shall together walk through the Premises and inspect all Interior Improvements so completed, using reasonable efforts to discover all uncompleted or defective construction in the Interior Improvements. After such inspection has been completed, each party shall sign an acceptance agreement in the form attached to the Lease as Exhibit "B", which shall (i) include a list of all ---------- "punch list" items which the parties agree are to be corrected by Landlord and (ii) shall state the Commencement Date and the initial Base Monthly Rent. As soon as such inspection has been completed and such acceptance agreement executed, Landlord shall deliver possession of the Premises to Tenant. Landlord shall repair such "punch list" items within thirty (30) days after executing the acceptance agreement. Landlord shall have no obligation to deliver possession of the Premises to Tenant until such procedures regarding the preparation of a punch list and the execution of the acceptance agreement have been completed.. Except as otherwise provided by the Lease and this Agreement, Tenant's taking possession of any part of the Premises shall be deemed to be an acceptance by Tenant of Landlord's work of improvement in such part as complete and in accordance with the terms of the Lease except for the punch list items noted and latent defects that could not reasonable have been discovered by Tenant during its inspection of the Interior Improvements prior to completion of the acceptance agreement. Notwithstanding anything contained herein, Tenant's obligation to pay the Base Monthly Rent and Additional Rent shall commence as provided in the Lease, regardless of whether Tenant completes such inspection or executes such acceptance agreement.

Delivery of Possession, Punch List, and Acceptance Agreement. As ------------------------------------------------------------ soon Promptly following the construction of the Shell Improvements for each Building, the gross leaseable square footage contained within the applicable building shell shall be measured by the Prime Contractor for the Shell Improvements; such measurement shall be from the outside of the exterior walls and shall include any fully enclosed atriums, and to the extent any such areas constitute an indentation into the prevailing outside wall line of any Building, any covered entrance or egress areas or covered loading areas. The square footage of each of the three Buildings as so determined shall be used as the square footage of each respective Building and the total of all three Buildings for all purposes under the respective Lease; provided, however, that none of the following areas shall be included when determining such square footage calculation: enclosed ground-level or elevated walkways that are not for occupancy between Buildings, any building tower for connecting or accessing any elevated walkways, external unoccupied equipment areas (whether below ground, on the roof, in a roof penthouse or otherwise), provided that such areas are not considered by the City of Mountain View to count against the approved maximum square footage which Tenant may develop pursuant to the provisions of the PCP Permit. As provided in Section 5.J, within ninety (90) days after the Shell Improvements and Interior Improvements are respectively Substantially CompletedCompleted (as to each Building), Landlord and Tenant and/or their respective employees and agents, shall together walk through inspect the Premises Shell Improvements and inspect all Interior Improvements so completed, using reasonable efforts to discover all uncompleted or defective construction in the Interior Improvementscompleted and prepare a punch list. After such inspection has been completed, each party Party shall sign an acceptance agreement in the form attached to the Lease as Exhibit "B", which shall (i) include a list of all ---------- "punch list" list items which the parties agree are to be corrected by Landlord and (ii) shall state the Commencement Date and the initial Base Monthly RentTenant. As soon as such inspection has been completed and such Such acceptance agreement executed, shall neither preclude Landlord shall deliver possession of the Premises to Tenant. Landlord shall repair such "punch list" items within thirty (30) days after executing the acceptance agreement. Landlord shall have no obligation to deliver possession of the Premises to or Tenant until such procedures regarding the preparation of a from later discovering any additional punch list items or latent defects and requiring the execution Prime Contractor or any subcontractors to complete and/or repair any such additional punch list items or latent defects which were not readily apparent at the time of the acceptance agreement have been completed.. Except as otherwise provided by the Lease and this Agreementsuch inspection, Tenant's taking possession of nor affect any part of the Premises shall be deemed to be an acceptance by Tenant of Landlord's work of improvement in such part as complete and in accordance with the terms of the Lease except for the punch list items noted and latent defects that could not reasonable have been discovered by Tenant during its inspection of the Interior Improvements prior to completion of the acceptance agreement. Notwithstanding anything contained herein, or Tenant's obligation to pay the Base Monthly Rent and Additional Rent shall commence as provided in the Lease, regardless of whether Tenant completes such inspection rights under any contractor's or executes such acceptance agreementsubcontractor's warranties.

Delivery of Possession, Punch List, and Acceptance Agreement. As ------------------------------------------------------------ soon as the Interior Improvements are Substantially CompletedCompleted for the Premises, Landlord and Tenant shall together walk through the Premises and inspect all Interior Improvements so completedSubstantially Completed, using reasonable efforts to discover all uncompleted or defective construction in the Interior Improvements. After such inspection has been completed, each party shall sign an acceptance agreement in a reasonably agreed upon form (herein the form attached to the Lease as Exhibit "B"“Acceptance Agreement”), which shall (i) include include, by attachment, a list of all ---------- "“punch list" ” items which the parties agree are to be corrected by Landlord and (ii) shall state in connection with the Commencement Date and the initial Base Monthly Rent. As soon as such inspection has been completed and such acceptance agreement executed, Landlord shall deliver possession of the Premises to TenantPremises. Landlord shall use reasonable efforts to complete and/or repair such "“punch list" ” items within thirty (30) days after executing the acceptance agreementapplicable Acceptance Agreement. Landlord shall have no obligation to deliver possession Tenant’s commencement of the Premises to Tenant until such procedures regarding the preparation of a punch list business operations from and the execution of the acceptance agreement have been completed.. Except as otherwise provided by the Lease and this Agreement, Tenant's taking possession of in any part of the Premises shall be deemed to be an acceptance by Tenant of Landlord's work of improvement in such part as complete and in accordance with the terms of the Lease Improvements, except for the agreed upon punch list items noted items. Tenant agrees that Tenant is familiar with the condition of the Premises, and latent defects that could not reasonable have been discovered Tenant hereby accepts the foregoing on an “AS-IS,” “WHERE-IS” basis except to the extent of (i) Landlord’s repair and maintenance obligations hereunder and (ii) Landlord’s obligation to deliver the Premises to Tenant on the Commencement Date (x) with all structural components thereof (including, without limitation, foundations, load bearing walls and the roof) in sound and watertight condition, (y) with all mechanical, electrical, plumbing, heating, ventilation and air conditioning, and life safety systems and equipment in good working order (except to the extent of damage caused by Tenant during or any Tenant Party (as hereinafter defined)) and (z) in compliance with all applicable codes relating to the Premises on Date of Lease, except codes specific to Tenant’s particular use of the Premises, as opposed to general warehousing and distribution uses. Notwithstanding the foregoing, for a period of twelve (12) months after the Commencement Date, Landlord warrants that loading doors shall be in good working condition, except that to the extent of repairs needed as a result of a Tenant Necessitated Repair (as hereinafter defined). Tenant acknowledges that Landlord has not made any representation as to the condition of the foregoing or the suitability of the foregoing for Tenant’s intended use, except as may be herein expressly set forth. Tenant represents and warrants that Tenant has made its own inspection of the Interior Improvements prior foregoing. Landlord shall not be obligated to completion make any repairs, replacements or improvements (whether structural or otherwise) of any kind or nature to the foregoing in connection with, or in consideration of, this Lease, except (a) as set forth herein and (b) with respect to the Improvements. Landlord agrees to make reasonable efforts to enforce, upon Tenant’s request, all manufacturer’s or contractor’s warranties, if any, issued in connection with any of the acceptance agreement. Notwithstanding anything contained herein, Tenant's obligation to pay Improvements or the Base Monthly Rent and Additional Rent shall commence as provided in the Lease, regardless of whether Tenant completes such inspection or executes such acceptance agreementPremises.

Delivery of Possession, Punch List, and Acceptance Agreement. As ------------------------------------------------------------ soon as the Interior Improvements are Substantially CompletedCompleted for the Premises, Landlord and Tenant shall together walk through the Premises and inspect all Interior Improvements so completedSubstantially Completed, using reasonable efforts to discover all uncompleted or defective construction in the Interior Improvements. After such inspection has been completed, each party shall sign an acceptance agreement in a reasonably agreed upon form (herein the form attached to the Lease as Exhibit "B"“Acceptance Agreement”), which shall (i) include include, by attachment, a list of all ---------- "“punch list" ” items which the parties agree are to be corrected by Landlord and (ii) shall state in connection with the Commencement Date and the initial Base Monthly Rent. As soon as such inspection has been completed and such acceptance agreement executed, Landlord shall deliver possession of the Premises to TenantPremises. Landlord shall use reasonable efforts to complete and/or repair such "“punch list" ” items within thirty (30) days after executing the acceptance agreementapplicable Acceptance Agreement. Landlord shall have no obligation to deliver possession Tenant’s commencement of the Premises to Tenant until such procedures regarding the preparation of a punch list business operations from and the execution of the acceptance agreement have been completed.. Except as otherwise provided by the Lease and this Agreement, Tenant's taking possession of in any part of the Premises shall be deemed to be an acceptance by Tenant of Landlord's work of improvement in such part as complete and in accordance with the terms of the Lease Improvements, except for the agreed upon punch list items noted items. Tenant agrees that Tenant is familiar with the condition of the Premises, and latent defects Tenant hereby accepts the foregoing on an “AS-IS,” “WHERE-IS” basis except to the extent of Landlord’s repair and maintenance obligations hereunder. Tenant acknowledges that could Landlord has not reasonable have been discovered by made any representation as to the condition of the foregoing or the suitability of the foregoing for Tenant’s intended use, except as may be herein expressly set forth. Tenant during represents and warrants that Tenant has made its own inspection of the Interior Improvements prior foregoing. Landlord shall not be obligated to completion make any repairs, replacements or improvements (whether structural or otherwise) of any kind or nature to the foregoing in connection with, or in consideration of, this Lease, except (a) as set forth herein and (b) with respect to the Improvements. Landlord agrees to make reasonable efforts to enforce, upon Tenant’s request, all manufacturer’s or contractor’s warranties, if any, issued in connection with any of the acceptance agreement. Notwithstanding anything contained herein, Tenant's obligation to pay Improvements or the Base Monthly Rent and Additional Rent shall commence as provided in the Lease, regardless of whether Tenant completes such inspection or executes such acceptance agreementPremises.

Delivery of Possession, Punch List, and Acceptance Agreement. As ------------------------------------------------------------ soon as the Interior Subtenant Improvements are have been Substantially Completed, Landlord Sublandlord and Tenant Subtenant shall together walk through the Premises and inspect all Interior Subtenant Improvements so completed, using reasonable efforts to discover all uncompleted or defective construction in the Interior Subtenant Improvements. After such inspection has been completed, each party shall sign an acceptance agreement in the form attached to the Lease as Exhibit "B", a “punch list” which shall (i) include a list of all ---------- "“punch list" ” items which the parties agree are to be corrected by Landlord and (ii) shall state the Commencement Date and the initial Base Monthly RentSublandlord. As soon as such inspection has been completed and such acceptance agreement punch list has been executed, Landlord Sublandlord shall deliver possession of the Premises to TenantSubtenant. Landlord shall repair such "punch list" items within thirty (30) days after executing the acceptance agreement. Landlord Sublandlord shall have no obligation to deliver possession of the Premises to Tenant Subtenant until such procedures regarding the preparation of a punch list and the execution of the acceptance agreement have been completed.. Except as otherwise provided by . Sublandlord shall use reasonable efforts to cause the Lease and this Agreement, Tenant's Prime Contractor to complete and/or repair such “punch list” items within thirty (30) days after signing the punch list. Subtenant’s taking possession of any part of the Premises Building shall be deemed to be an acceptance by Tenant Subtenant of Landlord's Sublandlord’s work of improvement in such part as complete and in accordance with the terms of the Lease Sublease except for the punch list items noted and latent defects that could not reasonable have been discovered by Tenant during its inspection of or as otherwise expressly stated in the Interior Improvements prior to completion of the acceptance agreementSublease. Notwithstanding anything contained herein, Tenant's Subtenant’s obligation to pay the Base Monthly Rent and Additional Rent shall commence as provided in the LeaseSublease, regardless of whether Tenant Subtenant completes such inspection or executes such acceptance agreementinspection.