Failure to Achieve Substantial Completion Sample Clauses

Failure to Achieve Substantial Completion. If Substantial Completion of the Shell Improvements does not occur by , 20 for any reason other than a delay caused by Tenant (“Tenant Delay”) or Force Majeure, Tenant shall be entitled to a rent abatement equal to two (2) days of base rent plus additional rent applicable to the Premises for each day after , 20 that the Substantial Completion of the Shell Improvements does not occur. If the Substantial Completion of the Shell Improvements does not occur by , 20 for any reason (including Force Majeure) other than a Tenant Delay, Tenant shall be entitled to elect by written notice delivered to Landlord at any time prior to the Substantial Completion of the Shell Improvements to cause the Substantial Completion of the Shell Improvements to occur, at Landlord’s sole cost and expense, in which event (i) Tenant shall cause the portion of the Shell Improvements constructed by Tenant to be constructed in a good and workmanlike manner, in compliance with all applicable laws and in substantial accordance with Exhibit B-1, using only new quality materials, and (ii) Tenant shall have the right to offset all costs incurred by Tenant in so achieving Substantial Completion of the Shell Improvements against any and all amounts of the base rent and additional rent payable by Tenant under the Lease for the entire Premises until Tenant is reimbursed in full.
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Failure to Achieve Substantial Completion. If Landlord has not achieved Substantial Completion of all Base Building Work by July 1, 2018 (the “Outside Completion Date”), as such date is extended due to Landlord’s Unavoidable Delay (as defined in Exhibit D), Tenant, as its sole remedy, shall have the right to terminate this Lease by delivering to Landlord a termination notice within ten (10) days after the Outside Completion Date, which shall be effective thirty (30) days after receipt by Landlord; provided, however, that this Lease shall not terminate if within such 30-day period the Base Building Work is Substantially Completed.
Failure to Achieve Substantial Completion. If Substantial Completion is not achieved by December 31, 2024; or
Failure to Achieve Substantial Completion. If Landlord has not achieved Substantial Completion (as further defined and described in Exhibit D) of the Base Building Work, pursuant to Section 2.7 of Exhibit D, by March 1, 2019 (the “Outside Completion Date”), as such date is extended due to Landlord’s Unavoidable Delay (as defined in Exhibit D) and Landlord’s failure causes a delay in Tenant’s completion of Tenant’s Improvement Work (approved by Landlord as set forth in Exhibit D) resulting in delay in Tenant’s occupancy of the Premises past September 4, 2019, (a) the validity of this Lease and the obligations of Tenant under this Lease shall not be affected by any such delay, (b) Tenant shall have no claim against Landlord arising out of Landlord’s failure to achieve Substantial Completion, and (c) Tenant’s sole remedy shall be Tenant’s receipt of a credit of one (1) additional day free Base Rent for every day from the Outside Completion Date to the date Landlord achieves Substantial Completion of the Base Building Work. By way of example, if Landlord achieves Substantial Completion twenty-five (25) days after the Outside Completion Date, then the Rental Abatement Period, as defined in Section 6.2 below, shall increase by twenty-five (25) days.
Failure to Achieve Substantial Completion. Except to the extent excused due to the occurrence of Uncontrollable Circumstances, the failure of the Design-Builder to achieve Substantial Completion prior to the end of the Extension Period;
Failure to Achieve Substantial Completion. In the event Lessor fails to achieve Substantial Completion of the Base Improvements and/or the Tenant Improvements by the Substantial Completion Deadline (including any authorized extensions of time pursuant to this Work Letter), Lessee may exercise any or all of the following remedies, in addition to any other remedies provided at law or in equity.

Related to Failure to Achieve Substantial Completion

  • Substantial Completion “Substantial Completion” means the stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the Owner’s opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and usable for intended purposes, as evidenced by a Certificate of Substantial Completion approved by the Owner. If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify Owner’s Designated Representative (sometimes referred to as the “ODR”) and request a determination as to whether the Work or designated portion thereof is substantially complete. If the ODR does not consider the Work substantially complete, the ODR will notify the Contractor giving reasons therefore. Failure on the Owner’s part to list a reason does not alter the responsibility of the Contractor to complete all Work in accordance with the terms of this Agreement. After satisfactorily completing items identified by Owner’s Designated Representative, the Contractor shall then submit another request for the ODR to determine Substantial Completion. If The ODR considers the Work substantially complete, The ODR will prepare and deliver a certificate of Substantial Completion which shall establish the date of Substantial Completion, shall include a punch list of items to be completed or corrected before final completion and final payment, shall establish the time within which the Contractor shall finish the punch list, and shall establish responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include an item on the punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the terms and conditions of this Agreement. The certificate of Substantial Completion shall be signed by the Owner and the Contractor to evidence acceptance of the responsibilities assigned to them in such certificate. Substantial Completion (as defined in this agreement) for all stages of the Work shall be achieved on or before the following Substantial Completion date: DATE FOR SUBSTANTIAL COMPLETION: TBD Under no circumstances will the time for Substantial Completion exceed this date without a written amendment to this Agreement. THE TIMES SET FORTH IN THE CONSTRUCTION DOCUMENTS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT. TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THIS AGREEMENT.

  • Delay of the Substantial Completion of the Premises Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in the Lease, as a direct, indirect, partial, or total result of:

  • Tenant’s Entry Into the Premises Prior to Substantial Completion Subject to the terms hereof and provided that Tenant and its agents do not interfere with, or delay, Contractor’s work in the Building and the Premises, at Landlord’s reasonable discretion, Contractor shall allow Tenant access to the Premises prior to the Substantial Completion of the Premises for the purpose of Tenant installing any necessary furniture, equipment or fixtures (including Tenant’s data and telephone equipment) in the Premises. Prior to Tenant’s entry into the Premises as permitted by the terms of this Section 6.01, Tenant shall submit a schedule to Landlord and Contractor, for their approval, which schedule shall detail the timing and purpose of Tenant’s entry, and Landlord will reasonably cooperate with Tenant to coordinate Landlord’s Contractor’s work of constructing the Tenant Improvements with such access by Tenant for the installation of Tenant’s furniture, equipment and fixtures. In connection with any such entry, Tenant acknowledges and agrees that Tenant’s employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees shall fully cooperate, work in harmony and not, in any manner, interfere with Landlord or Landlord’s Contractor, agents or representatives in performing work in the Building and the Premises, or interfere with the general operation of the Building and/or the Project; and such entry shall be subject to the site management rules of Landlord and Landlord’s Contractor. If at any time any such person representing Tenant shall not be cooperative or shall otherwise cause or threaten to cause any such disharmony or interference, including, without limitation, labor disharmony, and Tenant fails to immediately institute and maintain corrective actions as directed by Landlord, then Landlord may revoke Tenant’s entry rights upon twenty-four (24) hours’ prior written notice to Tenant. Tenant acknowledges and agrees that any such entry into and occupancy of the Premises or any portion thereof by Tenant or any person or entity working for or on behalf of Tenant shall be deemed to be subject to all of the terms, covenants, conditions and provisions of the Lease, excluding only the covenant to pay Rent (until the occurrence of the Lease Commencement Date). Tenant further acknowledges and agrees that Landlord shall not be liable for any injury, loss or damage which may occur to any of Tenant’s work made in or about the Premises in connection with such entry or to any property placed therein prior to the Lease Commencement Date, the same being at Tenant’s sole risk and liability. Tenant shall be liable to Landlord for any damage to any portion of the Premises, including the Tenant Improvement work, caused by Tenant or any of Tenant’s employees, agents, contractors, consultants, workmen, mechanics, suppliers and invitees. If the performance of Tenant’s work in connection with such entry causes extra costs to be incurred by Landlord or requires the use of any Building services, Tenant shall promptly reimburse Landlord for such extra costs and/or shall pay Landlord for such Building services at Landlord’s standard rates then in effect. In addition, Tenant shall hold Landlord harmless from and indemnify, protect and defend Landlord against any loss or damage to the Building or Premises and against injury to any persons caused by Tenant’s actions pursuant to this Section 6.01.

  • Completion of the Project The Contracting Party shall complete the construction, equipping and furnishing of the Improvements in accordance with the Plans and submit to the Board a Certificate of Completion on or before November 1, 2016.

  • Final Completion The full and final completion of all Work in accordance with the Contract Documents.

  • Satisfactory Completion of Due Diligence The Company and the Shareholders shall have completed their legal, accounting and business due diligence of the Parent and the results thereof shall be satisfactory to the Company and the Shareholders in their sole and absolute discretion.

  • Completion of Repairs Borrower will commence any Repairs as soon as practicable after the date of this Loan Agreement and will diligently proceed with and complete such Repairs on or before the Completion Date. All Repairs and Capital Replacements will be completed in a good and workmanlike manner, with suitable materials, and in accordance with good building practices and all applicable laws, ordinances, rules, regulations, building setback lines and restrictions applicable to the Mortgaged Property. Borrower agrees to cause the replacement of any material or work that is defective, unworkmanlike or that does not comply with the requirements of this Loan Agreement, as determined by Lender.

  • Project Completion Part 1 – Material Completion

  • Completion of Due Diligence The Purchaser shall have completed all necessary due diligence investigations to its satisfaction.

  • Completion of Requests A Request for a Loan will not be regarded as having been duly completed unless:

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