Common use of Evidence of Completion Clause in Contracts

Evidence of Completion. Within thirty (30) days after the Delivery Date, Landlord must deliver the following items to Tenant as Landlord’s "Evidence of Completion”: (a) a written certification to Tenant from a licensed architect or civil engineer confirming that Landlord's Work and the Demised Premises has been completed in substantial conformance with the Approved Plans and all applicable local, state, and federal building codes, regulations, ordinances, permits and laws including subdivision and zoning requirements, fire and safety laws and the Americans with Disabilities Act; (b) written certification to Tenant that the Punchlist has been completed (and Tenant has verified the same in writing; Tenant agrees to respond to Landlord's certification within 5 business days); (c) a copy of the final and unconditional certificate of occupancy that has been issued for the Demised Premises; (d) the warranties listed on Exhibit J hereof; (e) evidence that Landlord has satisfactorily completed all testing and delivered all certifications in accordance with the Scope of Work; and (f) a full and complete set of the “as-built” drawings of the Demised Premises. In the event the local jurisdiction issues only a temporary certificate of occupancy and such temporary certificate of occupancy is not subject to conditions requiring Landlord to complete further work or obtain further permits or approvals, Tenant agrees that the delivery by Landlord of a temporary certificate of occupancy shall satisfy Landlord's obligation in clause (c) above; provided Landlord uses its best efforts to promptly obtain the final certificate of occupancy and in all events delivers the same to Tenant within thirty (30) days. Landlord hereby indemnifies and agrees to hold Tenant harmless from and against any and all losses, costs and expenses incurred or suffered by Tenant arising out of or resulting from any inability of Tenant to open for business due to Landlord's failure to obtain a final certificate of occupancy for the Demised Premises (unless due to a failure of Tenant to complete Tenant's Work). Landlord’s failure to deliver the Evidence of Completion to Tenant in accordance with this Section 2.4 constitutes a default under this Lease, and in addition to all other rights and remedies set forth in this Lease, Tenant shall have the right to complete the Evidence of Completion on Landlord's behalf and deduct the cost of curing such default from any payments of rent or additional rent due from Tenant hereunder.

Evidence of Completion. Within thirty (30) days following substantial completion of the Tenant Improvements (which shall mean completion of the Tenant Improvements and receipt of permit sign-offs sufficient to permit legal occupancy of the Premises, subject only to correction of punch-list items that do not affect safe occupancy of the Premises), Tenant shall submit to Landlord: (a) A statement of Tenant’s final construction costs, together with receipted evidence showing payment thereof, reasonably satisfactory to Landlord, and, to the extent not previously delivered, fully executed and notarized unconditional lien releases in the form prescribed by law from Tenant’s contractors, copies of all detailed, final invoices from Tenant’s contractors related to the Tenant Improvements. (b) All Permits and other documents issued by any governmental authority in connection with the approval and completion of the Tenant Improvements, and all evidence reasonably available showing compliance with all applicable Laws of any and all governmental authorities having jurisdiction over the Premises, including, without limitation, a certificate of occupancy or its equivalent such as duly signed-off job cards, building permit sign-offs, and/or other appropriate authorization for physical occupancy of the Premises. (c) A valid certificate of substantial completion executed by Tenant’s architect confirming that the Tenant Improvements have been substantially completed in accordance with the Final Construction Documents, subject to punch-list items to be completed by Tenant’s contractors after commencement of the Lease. (d) A written certificate, subscribed and sworn before a Notary Public, from Tenant’s general Contractor as follows: “There are no known mechanics’ or materialmen’s liens outstanding, all due and payable bills with respect to the Tenant Improvements have been paid, and there is no known basis for the filing of any mechanics’ or materialmen’s liens against the Premises, the Building or the Property, and, to the best of our knowledge, waivers from all subcontractors and materialmen are valid and constitute an effective waiver of lien under applicable law.” (e) Copies of all of Tenant’s contractors’ warranties. (f) A reproducible copy of the “as built” drawings of the Tenant Improvements. (g) Any other items reasonably requested by Landlord. Within thirty (30) days after receipt of all of the Delivery Dateabove, Landlord must deliver the following items to Tenant as Landlord’s "Evidence of Completion”: (a) a written certification to Tenant from a licensed architect or civil engineer confirming that Landlord's Work and the Demised Premises has been completed in substantial conformance with the Approved Plans and all applicable local, state, and federal building codes, regulations, ordinances, permits and laws including subdivision and zoning requirements, fire and safety laws and the Americans with Disabilities Act; (b) written certification to Tenant that the Punchlist has been completed (and Tenant has verified the same in writing; Tenant agrees to respond to Landlord's certification within 5 business days); (c) a copy shall make its disbursement of the final and unconditional certificate ten percent (10%) of occupancy the Improvement Allowance (or so much of the Improvement Allowance that has not yet been issued for paid by Landlord, but in no event to exceed, in the Demised Premises; (d) aggregate, the warranties listed on Exhibit J hereof; (e) evidence that Landlord has satisfactorily completed all testing and delivered all certifications in accordance with the Scope of Work; and (f) a full and complete set actual cost of the “as-built” drawings design and construction of the Demised Premises. In the event the local jurisdiction issues only a temporary certificate of occupancy and such temporary certificate of occupancy is not subject to conditions requiring Landlord to complete further work or obtain further permits or approvals, Tenant agrees that the delivery by Landlord of a temporary certificate of occupancy shall satisfy Landlord's obligation in clause (cImprovements) above; provided Landlord uses its best efforts to promptly obtain the final certificate of occupancy and in all events delivers the same to Tenant within thirty (30) daysor Tenant’s contractors, as applicable, as required above. Landlord hereby indemnifies Any portion of the Improvement Allowance not used in the design, construction and agrees to hold installation of the Tenant harmless from and against any and all losses, costs and expenses incurred or suffered Improvements shall be retained by Tenant arising out of or resulting from any inability of Tenant to open for business due to Landlord's failure to obtain a final certificate of occupancy for the Demised Premises (unless due to a failure of Tenant to complete Tenant's Work). Landlord’s failure to deliver the Evidence of Completion to Tenant in accordance with this Section 2.4 constitutes a default under this Lease, and in addition to all other rights and remedies set forth in this Lease, Tenant shall have the no right to complete receive or apply toward Tenant’s rental obligations any portion of the Evidence Improvement Allowance not actually used. Further, Landlord shall only be obligated to pay the Improvement Allowance (or portions thereof) to the extent Tenant has incurred the costs of Completion on Landlord's behalf the design, construction and deduct installation of the cost of curing such default from any payments of rent or additional rent due from Tenant hereunderImprovements within the first twelve (12) months after the Commencement Date.

Evidence of Completion. Within thirty (30) days following substantial completion of the Tenant Improvements in the Expansion Premises (which shall mean completion of the Tenant Improvements and receipt of permit sign-offs sufficient to permit legal occupancy of the Expansion Premises, subject only to correction of punch-list items that do not affect safe occupancy of the Expansion Premises), Tenant shall submit to Landlord: (a) A statement of Tenant's final construction costs, together with receipted evidence showing payment thereof, reasonably satisfactory to Landlord, and, to the extent not previously delivered, fully executed and notarized unconditional lien releases in the form prescribed by law from Tenant's contractors, copies of all detailed, final invoices from Tenant's contractors related to the Tenant Improvements. (b) All Permits and other documents issued by any governmental authority in connection with the approval and completion of the Tenant Improvements, and all evidence reasonably available showing compliance with all applicable Laws of any and all governmental authorities having jurisdiction over the Expansion Premises, including, without limitation, a certificate of occupancy or its equivalent such as duly signed-off job cards, building permit sign-offs, and/or other appropriate authorization for physical occupancy of the Expansion Premises. (c) A valid certificate of substantial completion executed by Tenant's architect confirming that the Tenant Improvements have been substantially completed in accordance with the Final Construction Documents, subject to punch-list items to be completed by Tenant's contractors after the Expansion Premises Commencement Date. (d) A written certificate, subscribed and sworn before a Notary Public, from Tenant's general Contractor as follows: "There are no known mechanics' or materialmen's liens outstanding, all due and payable bills with respect to the Tenant Improvements have been paid, and there is no known basis for the filing of any mechanics' or materialmen's liens against the Expansion Premises, the Building or the Property, and, to the best of our knowledge, waivers from all subcontractors and materialmen are valid and constitute an effective waiver of lien under applicable law." (e) Copies of all of Tenant's contractors' warranties. (f) A reproducible copy of the "as built" drawings of the Tenant Improvements. (g) Any other items reasonably requested by Landlord. Within thirty (30) days after receipt of all of the Delivery Dateabove, Landlord must deliver the following items to Tenant as Landlord’s "Evidence of Completion”: (a) a written certification to Tenant from a licensed architect or civil engineer confirming that Landlord's Work and the Demised Premises has been completed in substantial conformance with the Approved Plans and all applicable local, state, and federal building codes, regulations, ordinances, permits and laws including subdivision and zoning requirements, fire and safety laws and the Americans with Disabilities Act; (b) written certification to Tenant that the Punchlist has been completed (and Tenant has verified the same in writing; Tenant agrees to respond to Landlord's certification within 5 business days); (c) a copy shall make its disbursement of the final and unconditional certificate ten percent (10%) of occupancy the Expansion Improvement Allowance (or so much of the Expansion Improvement Allowance that has not yet been issued for paid by Landlord, but in no event to exceed, in the Demised Premises; (d) aggregate, the warranties listed on Exhibit J hereof; (e) evidence that Landlord has satisfactorily completed all testing and delivered all certifications in accordance with the Scope of Work; and (f) a full and complete set actual cost of the “as-built” drawings design and construction of the Demised Premises. In the event the local jurisdiction issues only a temporary certificate of occupancy and such temporary certificate of occupancy is not subject to conditions requiring Landlord to complete further work or obtain further permits or approvals, Tenant agrees that the delivery by Landlord of a temporary certificate of occupancy shall satisfy Landlord's obligation in clause (cImprovements) above; provided Landlord uses its best efforts to promptly obtain the final certificate of occupancy and in all events delivers the same to Tenant within thirty (30) days. Landlord hereby indemnifies and agrees to hold Tenant harmless from and against any and all losses, costs and expenses incurred or suffered by Tenant arising out of or resulting from any inability of Tenant to open for business due to Landlord's failure to obtain a final certificate of occupancy for the Demised Premises (unless due to a failure of Tenant to complete Tenant's Work)contractors, as applicable, as required above. Any portion of the Expansion Improvement Allowance not used in the design, construction and installation of the Tenant Improvements shall be retained by Landlord’s failure to deliver the Evidence of Completion to Tenant in accordance with this Section 2.4 constitutes a default under this Lease, and in addition to all other rights and remedies set forth in this Lease, Tenant shall have the no right to complete receive or apply toward Tenant's rental obligations any portion of the Evidence Expansion Improvement Allowance not actually used. Further, Landlord shall only be obligated to pay the Expansion Improvement Allowance (or portions thereof) to the extent Tenant has incurred the costs of Completion on Landlord's behalf the design, construction and deduct installation of the cost of curing such default from any payments of rent or additional rent due from Tenant hereunderImprovements within the first twelve (12) months after the Expansion Premises Commencement Date.

Evidence of Completion. Within thirty (30) days after following substantial completion of the Delivery DateTenant Improvements (which shall mean completion of the Tenant Improvements and receipt of permit sign-offs, Landlord must deliver subject only to correction of punch-list items that do not affect safe occupancy of the following items Premises), Tenant shall submit to Tenant as Landlord’s "Evidence of Completion”: (a) a written certification A statement of Tenant’s final construction costs, together with receipted evidence showing payment thereof, reasonably satisfactory to Landlord, and, to the extent not previously delivered, fully executed and notarized unconditional lien releases in the form prescribed by law from Tenant’s contractors, copies of all detailed, final invoices from Tenant’s contractors and subcontractors relating to the Tenant from a licensed architect or civil engineer confirming that Landlord's Work and the Demised Premises has been completed in substantial conformance with the Approved Plans and all applicable local, state, and federal building codes, regulations, ordinances, permits and laws including subdivision and zoning requirements, fire and safety laws and the Americans with Disabilities Act;Improvements. (b) written certification to All Permits and other documents issued by any governmental authority in connection with the approval and completion of the Tenant that Improvements, and all evidence reasonably available showing compliance with all applicable Laws of any and all governmental authorities having jurisdiction over the Punchlist has been completed (and Tenant has verified the same in writing; Tenant agrees to respond to Landlord's certification within 5 business days);Premises, including, without limitation, a certificate of occupancy or its equivalent such as duly signed-off job cards, and/or building permit sign-offs, and/or other appropriate authorization. (c) a copy of the final and unconditional A valid certificate of occupancy substantial completion executed by the Space Planner confirming that has the Tenant Improvements have been issued for substantially completed in accordance with the Demised Premises;Final Construction Documents, subject to punch-list items to be completed by Tenant’s Contractor. (d) the warranties listed on Exhibit J hereof;Copies of all of Tenant’s contractors’ warranties. (e) evidence that Landlord has satisfactorily completed all testing and delivered all certifications in accordance with the Scope of Work; and (f) a full and complete set A reproducible copy of the “as-as built” drawings of the Demised PremisesTenant Improvements. (f) Any other items reasonably requested by Landlord. In Within fifteen (15) days after receipt of all of the event the local jurisdiction issues only a temporary certificate above, Landlord shall make its disbursement of occupancy and such temporary certificate of occupancy is not subject to conditions requiring Landlord to complete further work or obtain further permits or approvals, Tenant agrees that the delivery by Landlord of a temporary certificate of occupancy shall satisfy Landlord's obligation in clause (c) above; provided Landlord uses its best efforts to promptly obtain the final certificate ten percent (10%) of occupancy the Improvement Allowance (or so much of the Improvement Allowance that has not yet been paid by Landlord, but in no event to exceed, in the aggregate, the actual cost of the design and in all events delivers construction of the same Tenant Improvements) to Tenant within thirty (30) days. Landlord hereby indemnifies and agrees to hold Tenant harmless from and against any and all lossesor Tenant’s contractors, costs and expenses incurred or suffered by Tenant arising out of or resulting from any inability of Tenant to open for business due to Landlord's failure to obtain a final certificate of occupancy for the Demised Premises (unless due to a failure of Tenant to complete Tenant's Work). Landlord’s failure to deliver the Evidence of Completion to Tenant in accordance with this Section 2.4 constitutes a default under this Leaseas applicable, and in addition to all other rights and remedies set forth in this Lease, Tenant shall have the right to complete the Evidence of Completion on Landlord's behalf and deduct the cost of curing such default from any payments of rent or additional rent due from Tenant hereunderas required above.

Evidence of Completion. Within thirty (30) days after following the Delivery DateSubstantial Completion (as defined in Section 2.5 below) of the Tenant Improvements, Landlord must deliver the following items Tenant shall submit to Tenant as Landlord’s "Evidence of Completion”: (a) a written certification A statement of Tenant’s final construction costs, together with receipted evidence showing payment thereof, reasonably satisfactory to Landlord, and, to the extent not previously delivered, fully executed and notarized unconditional lien releases in the form prescribed by law from Tenant’s contractors, copies of all detailed, final invoices from Tenant’s contractors and subcontractors relating to the Tenant from a licensed architect or civil engineer confirming that Landlord's Work and the Demised Premises has been completed in substantial conformance with the Approved Plans and all applicable local, state, and federal building codes, regulations, ordinances, permits and laws including subdivision and zoning requirements, fire and safety laws and the Americans with Disabilities Act;Improvements. (b) written certification to All Permits and other documents issued by any governmental authority in connection with the approval and completion of the Tenant that Improvements, and all evidence reasonably available showing compliance with all applicable Laws of any and all governmental authorities having jurisdiction over the Punchlist has been completed (and Tenant has verified the same in writing; Tenant agrees to respond to Landlord's certification within 5 business days);Premises, including, without limitation, a certificate of occupancy or its equivalent such as duly signed-off job cards, and/or building permit sign-offs, and/or other appropriate authorization. (c) a copy of the final and unconditional A valid certificate of occupancy substantial completion executed by the Space Planner confirming that has the Tenant Improvements have been issued for substantially completed in accordance with the Demised Premises;Final Construction Documents, subject to punch-list items to be completed by Tenant’s Contractor. (d) A written certificate, subscribed and sworn before a Notary Public, from Tenant’s general Contractor as follows: “There are no known mechanics’ or materialmen’s liens outstanding, all due and payable bills with respect to the warranties listed on Exhibit J hereof;Tenant Improvements have been paid, and there is no known basis for the filing of any mechanics’ or materialmen’s liens against the Premises, the Building or the Project, and, to the best of our knowledge, waivers from all subcontractors and materialmen are valid and constitute an effective waiver of lien under applicable law.” (e) evidence that Landlord has satisfactorily completed Copies of all testing and delivered all certifications in accordance with the Scope of Work; andTenant’s contractors’ warranties. (f) a full and complete set A reproducible copy of the “as-as built” drawings of the Demised PremisesTenant Improvements. (g) Any other items reasonably requested by Landlord. In Within fifteen (15) days after receipt of all of the event the local jurisdiction issues only a temporary certificate above, Landlord shall make its disbursement of occupancy and such temporary certificate of occupancy is not subject to conditions requiring Landlord to complete further work or obtain further permits or approvals, Tenant agrees that the delivery by Landlord of a temporary certificate of occupancy shall satisfy Landlord's obligation in clause (c) above; provided Landlord uses its best efforts to promptly obtain the final certificate ten percent (10%) of occupancy and in all events delivers the same Improvement Allowance (or so much of the Improvement Allowance that has not yet been paid by Landlord) to Tenant within thirty (30) days. Landlord hereby indemnifies and agrees to hold Tenant harmless from and against any and all lossesor Tenant’s contractors, costs and expenses incurred or suffered by Tenant arising out of or resulting from any inability of Tenant to open for business due to Landlord's failure to obtain a final certificate of occupancy for the Demised Premises (unless due to a failure of Tenant to complete Tenant's Work). Landlord’s failure to deliver the Evidence of Completion to Tenant in accordance with this Section 2.4 constitutes a default under this Leaseas applicable, and in addition to all other rights and remedies set forth in this Lease, Tenant shall have the right to complete the Evidence of Completion on Landlord's behalf and deduct the cost of curing such default from any payments of rent or additional rent due from Tenant hereunderas required above.

Evidence of Completion. Within thirty (30) days following substantial completion of the Tenant Improvements (which shall mean completion of the Tenant Improvements and receipt of permit sign-offs, subject only to correction of punch-list items that do not affect safe occupancy of the Premises), Tenant shall submit to Landlord: (a) A statement of Tenant’s final construction costs, together with receipted evidence showing payment thereof, reasonably satisfactory to Landlord, and, to the extent not previously delivered, fully executed and notarized unconditional lien releases in the form prescribed by law from Tenant’s contractors, copies of all detailed, final invoices from Tenant’s contractors and subcontractors relating to the Tenant Improvements. (b) All Permits and other documents issued by any governmental authority in connection with the approval and completion of the Tenant Improvements, and all evidence reasonably available showing compliance with all applicable Laws of any and all governmental authorities having jurisdiction over the Premises, including, without limitation, a certificate of occupancy or its equivalent such as duly signed-off job cards, and/or building permit sign-offs, and/or other appropriate authorization. (c) A valid certificate of substantial completion executed by the Space Planner confirming that the Tenant Improvements have been substantially completed in accordance in all material respects with the Final Construction Documents, subject to punch-list items to be completed by Tenant’s Contractor. (d) A written certificate, subscribed and sworn before a Notary Public, from Tenant’s general Contractor as follows: “There are no known mechanics’ or materialmen’s liens outstanding, all due and payable bills with respect to the Tenant Improvements have been paid, and there is no known basis for the filing of any mechanics’ or materialmen’s liens against the Premises or the Building, and, to the best of our knowledge, waivers from all subcontractors and materialmen are valid and constitute an effective waiver of lien under applicable law.” (e) Copies of all of Tenant’s contractors’ warranties. (f) A reproducible copy of the “as built” drawings of the Tenant Improvements, which drawings shall show the dimensions and location of all elements of the Tenant Improvements completed in accordance with the Final Construction Documents. (g) Any other items reasonably requested by Landlord. Within thirty (30) days after receipt of all of the Delivery Dateabove, Landlord must deliver the following items to Tenant as Landlord’s "Evidence of Completion”: (a) a written certification to Tenant from a licensed architect or civil engineer confirming that Landlord's Work and the Demised Premises has been completed in substantial conformance with the Approved Plans and all applicable local, state, and federal building codes, regulations, ordinances, permits and laws including subdivision and zoning requirements, fire and safety laws and the Americans with Disabilities Act; (b) written certification to Tenant that the Punchlist has been completed (and Tenant has verified the same in writing; Tenant agrees to respond to Landlord's certification within 5 business days); (c) a copy shall make its disbursement of the final and unconditional certificate ten percent (10%) of occupancy the Improvement Allowance (or so much of the Improvement Allowance that has not yet been issued for paid by Landlord, but in no event to exceed, in the Demised Premises; (d) aggregate, the warranties listed on Exhibit J hereof; (e) evidence that Landlord has satisfactorily completed all testing and delivered all certifications in accordance with the Scope of Work; and (f) a full and complete set actual cost of the “as-built” drawings design and construction of the Demised Premises. In the event the local jurisdiction issues only a temporary certificate of occupancy and such temporary certificate of occupancy is not subject to conditions requiring Landlord to complete further work or obtain further permits or approvals, Tenant agrees that the delivery by Landlord of a temporary certificate of occupancy shall satisfy Landlord's obligation in clause (cImprovements) above; provided Landlord uses its best efforts to promptly obtain the final certificate of occupancy and in all events delivers the same to Tenant within thirty (30) days. Landlord hereby indemnifies and agrees to hold Tenant harmless from and against any and all lossesor Tenant’s contractors, costs and expenses incurred or suffered by Tenant arising out of or resulting from any inability of Tenant to open for business due to Landlord's failure to obtain a final certificate of occupancy for the Demised Premises (unless due to a failure of Tenant to complete Tenant's Work). Landlord’s failure to deliver the Evidence of Completion to Tenant in accordance with this Section 2.4 constitutes a default under this Leaseas applicable, and in addition to all other rights and remedies set forth in this Lease, Tenant shall have the right to complete the Evidence of Completion on Landlord's behalf and deduct the cost of curing such default from any payments of rent or additional rent due from Tenant hereunderas required above.

Evidence of Completion. Within thirty (30) days following Substantial Completion of the Tenant Improvements (which shall mean completion of the Tenant Improvements and receipt of permit sign-offs sufficient to permit legal occupancy of the Premises, subject only to correction of punch-list items that do not affect safe occupancy of the Premises), Tenant shall submit to Landlord: (a) A statement of Tenant’s final construction costs, together with receipted evidence showing payment thereof, reasonably satisfactory to Landlord, and, to the extent not previously delivered, fully executed and notarized unconditional lien releases in the form prescribed by law from Tenant’s contractors, copies of all detailed, final invoices from Tenant’s contractors related to the Tenant Improvements. (b) All Permits and other documents issued by any governmental authority in connection with the approval and completion of the Tenant Improvements, and all evidence reasonably available showing compliance with all applicable Laws of any and all governmental authorities having jurisdiction over the Premises, including, without limitation, a certificate of occupancy or its equivalent such as duly signed-off job cards, building permit sign-offs, and/or other appropriate authorization for physical occupancy of the Premises. (c) A valid certificate of substantial completion executed by the Space Planner confirming that the Tenant Improvements have been substantially completed in accordance with the Final Construction Documents, subject to punch-list items to be completed by the Contractor after commencement of the Lease. (d) A written certificate, subscribed and sworn before a Notary Public, from the Contractor as follows: “There are no known mechanics’ or materialmen’s liens outstanding, all due and payable bills with respect to the Tenant Improvements have been paid, and there is no known basis for the filing of any mechanics’ or materialmen’s liens against the Premises, the Building or the Property, and, to the best of our knowledge, waivers from all subcontractors and materialmen are valid and constitute an effective waiver of lien under applicable law.” (e) Copies of all of Tenant’s contractors’ warranties. (f) The Completion Drawings. (g) A Notice of Completion recorded in the office of the Recorder of the County of Santa Cxxxx in accordance with Section 3093 of the Civil Code of the State of California or any successor statute. (h) Any other items reasonably requested by Landlord. Within thirty (30) days after receipt of all of the Delivery Dateabove, Landlord must deliver the following items to Tenant as Landlord’s "Evidence of Completion”: (a) a written certification to Tenant from a licensed architect or civil engineer confirming that Landlord's Work and the Demised Premises has been completed in substantial conformance with the Approved Plans and all applicable local, state, and federal building codes, regulations, ordinances, permits and laws including subdivision and zoning requirements, fire and safety laws and the Americans with Disabilities Act; (b) written certification to Tenant that the Punchlist has been completed (and Tenant has verified the same in writing; Tenant agrees to respond to Landlord's certification within 5 business days); (c) a copy shall make its disbursement of the final and unconditional certificate ten percent (10%) of occupancy the Improvement Allowance (or so much of the Improvement Allowance that has not yet been issued for paid by Landlord, but in no event to exceed, in the Demised Premises; (d) aggregate, the warranties listed on Exhibit J hereof; (e) evidence that Landlord has satisfactorily completed all testing and delivered all certifications in accordance with the Scope of Work; and (f) a full and complete set actual cost of the “as-built” drawings design and construction of the Demised Premises. In the event the local jurisdiction issues only a temporary certificate of occupancy and such temporary certificate of occupancy is not subject to conditions requiring Landlord to complete further work or obtain further permits or approvals, Tenant agrees that the delivery by Landlord of a temporary certificate of occupancy shall satisfy Landlord's obligation in clause (cImprovements) above; provided Landlord uses its best efforts to promptly obtain the final certificate of occupancy and in all events delivers the same to Tenant within thirty (30) daysor Tenant’s contractors, as applicable, as required above. Landlord hereby indemnifies Any portion of the Improvement Allowance not used in the design, construction and agrees to hold installation of the Tenant harmless from and against any and all losses, costs and expenses incurred or suffered Improvements shall be retained by Tenant arising out of or resulting from any inability of Tenant to open for business due to Landlord's failure to obtain a final certificate of occupancy for the Demised Premises (unless due to a failure of Tenant to complete Tenant's Work). Landlord’s failure to deliver the Evidence of Completion to Tenant in accordance with this Section 2.4 constitutes a default under this Lease, and in addition to all other rights and remedies set forth in this Lease, Tenant shall have the no right to complete receive or apply toward Tenant’s rental obligations any portion of the Evidence of Completion on Landlord's behalf and deduct the cost of curing such default from any payments of rent or additional rent due from Tenant hereunderImprovement Allowance not actually used.