Common use of Delivery of the Premises Clause in Contracts

Delivery of the Premises. The Work shall be deemed to be substantially complete on the later of (i) the date the Work is sufficiently complete in accordance with the Approved Working Drawings so that Tenant may occupy the Premises, subject to any punch list [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. items and (ii) the date Landlord receives a certificate of occupancy or its equivalent from the appropriate governmental authority. Prior to delivery of the Premises, Landlord shall contact Tenant and schedule a joint walk-through inspection within three (3) days of such contact in order for Tenant to identify any items of a “punch list” nature that remain to be completed. If Tenant fails to participate in a walk-through, then Landlord shall have no obligation to perform any punch list, and Tenant shall be deemed conclusively to have agreed that the Work is substantially completed for purposes hereof. If there is any disagreement concerning whether Landlord has substantially completed the Work, Landlord may request a good faith decision by the architect which shall be final and binding on the parties.

Delivery of the Premises. The Work shall be deemed to be substantially complete on the later of (i) the date the Work is sufficiently complete in accordance with the Approved Working Drawings so that Tenant may occupy the Premises, subject to any punch list [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. EXHIBIT “D” - PAGE 3 OF 5 items and (ii) the date Landlord receives a certificate of occupancy or its equivalent from the appropriate governmental authority. Prior to delivery of the Premises, Landlord shall contact Tenant and schedule a joint walk-through inspection within three (3) days of such contact in order for Tenant to identify any items of a “punch list” nature that remain to be completed. If Tenant fails to participate in a walk-through, then Landlord shall have no obligation to perform any punch list, and Tenant shall be deemed conclusively to have agreed that the Work is substantially completed for purposes hereof. If there is any disagreement concerning whether Landlord has substantially completed the Work, Landlord may request a good faith decision by the architect which shall be final and binding on the parties.