Common use of Performance Of Improvement Work; Acceptance Of Possession Clause in Contracts

Performance Of Improvement Work; Acceptance Of Possession. Landlord shall, pursuant to the work letter attached hereto as Exhibit B (the “Work Letter”), perform the work and make the installations in the Leased Premises substantially as set forth in the Work Letter (such work and installations hereinafter referred to as the “Improvement Work”). Without limiting the foregoing, Landlord agrees to deliver in good working order and in compliance with all Laws the roof surface and roof structure of the Building and the Leased Premises, including all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and shall warrant such good working order for a period of one year from the date of Substantial Completion of the Improvement Work. If any dispute arises as to whether the Leased Premises are substantially completed and ready for Tenant’s occupancy, a certificate furnished by the Construction Manager (as defined in the Work Letter) certifying the date of substantial completion shall be conclusive of that fact and date and binding upon Landlord and Tenant. It is agreed that by occupying, except during any Early Entry Period, the Leased Premises for beneficial use, Tenant formally accepts same and acknowledges that the Leased Premises are in the condition called for hereunder, subject to normal punchlist items specified by Tenant to Landlord in writing within thirty (30) days after Landlord notifies Tenant of substantial completion of the Improvement Work.

Performance Of Improvement Work; Acceptance Of Possession. Landlord shall, pursuant to the work letter attached hereto as Exhibit B C hereto and made a part of this Lease (the “"Work Letter”"), perform the work and make the installations in the Leased Premises substantially as set forth in the Work Letter (such work and installations hereinafter referred to as the “"Improvement Work”"). Without limiting the foregoing, Landlord agrees to deliver in good working order and in compliance with all Laws the roof surface and roof structure of the Building and the Leased Premises, including all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and shall warrant such good working order for a period of one year from the date of Substantial Completion of the Improvement Work. If any dispute arises as to whether the Leased Premises are substantially completed and ready for Tenant’s occupancy, a certificate furnished by the Construction Manager (as defined in the Work Letter) certifying the date of substantial completion shall be conclusive of that fact and date and binding upon Landlord and TenantPremises. It is agreed that by occupying, except during any Early Entry Period, occupying the Leased Premises for beneficial usePremises, Tenant formally accepts same and acknowledges that the Leased Premises are in the condition called for hereunder, subject to normal punchlist items specified by Tenant to Landlord in writing within thirty ten (3010) days of such occupancy. Notwithstanding the foregoing, Tenant may elect to construct the Improvement Work (and use Tenant's own contractor) by written notice to Landlord within five (5) business days after it receives a bid from Webcor (Landlord's Contractor) for construction of the Improvement Work. In the event Tenant elects to construct the Improvement work using Tenant's own contractor, Landlord notifies and Tenant agree to amend this Lease and Work Letter to so provide, and to provide that the Lease Commencement Date will be a fixed date of substantial March 1, 2000 (regardless of completion of the Improvement Work) and Landlord shall agree to deliver to Tenant the Building Shell (as defined in the Work Letter) upon full execution of such amendment.

Performance Of Improvement Work; Acceptance Of Possession. Landlord shall, pursuant to the work letter attached hereto as Exhibit B (the “Work Letter”), shall perform the work and make the installations in the Leased Premises substantially as set forth in the Work Letter construction drawings attached hereto as Exhibit C (such work and installations hereinafter referred to as the “"Improvement Work”"). Without limiting The Improvement Work shall (i) include re-painting the foregoing, interior walls of the Leased Premises and re-carpeting or tiling the floors of the Leased Premises with paint and carpet or tile that are mutually selected by Landlord agrees to deliver in good working order and Tenant and (ii) be done in compliance with all Laws applicable city, state and other governmental rules and regulations (including the roof surface Americans with Disabilities Act and roof structure of the Building and the Leased Premises, including all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and shall warrant such good working order for a period of one year from the date of Substantial Completion Title 24). The following items of the Improvement WorkWork shall not be required for "substantial completion" to be attained: (a) installation of Herculite glass doors, and (b) addition of new 5-ton A/C unit in server room. If any dispute arises as to whether the Leased Premises are substantially completed and ready for Tenant’s 's occupancy, a certificate furnished by the Construction Manager (as defined in contractor performing the Improvement Work Letter) reasonably certifying the date of substantial completion shall be conclusive of that fact and date and binding upon Landlord and Tenant. Without limiting the foregoing, Landlord agrees to deliver in good working order and condition all building systems, including the roof and all existing plumbing, lighting, heating, ventilating and air conditioning, fire sprinklers, electrical (outlets and panels), doors (loading and personnel) and ceiling tiles within the Leased Premises and the parking lot. In addition, (a) Landlord agrees to deliver the Leased Premises with the drop ceiling appearing consistent throughout the Leased Premises and (b) Landlord represents that as of the Lease Commencement Date, the roof of the Building is in good condition and repair and contains no leaks. It is agreed that by occupying, except during any Early Entry Period, occupying the Leased Premises for beneficial usePremises, Tenant formally accepts same and acknowledges that the Leased Premises are in the condition called for hereunder, subject to (a) building system problems identified by Tenant within one hundred twenty (120) days of such occupancy as provided in the first sentence of Paragraph 5.1(b) and (b) other normal punchlist items specified by Tenant to Landlord in writing within thirty ten (3010) days after Landlord notifies Tenant of substantial completion of the Improvement Worksuch occupancy.

Performance Of Improvement Work; Acceptance Of Possession. Landlord shall, pursuant to the work letter attached hereto as Exhibit B (the “Work Letter”), perform the work and make the installations in the Leased Premises substantially as set forth in the Work Letter (such work and installations hereinafter referred to as the “Improvement Work”). Without limiting the foregoing, Landlord agrees to deliver in good working order and in compliance with all Laws the roof surface and roof structure of the Building and the Leased Premises, including all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and shall warrant such good working order for a period of one year from the date of Substantial Completion of the Improvement Work. If any dispute arises as to whether the Leased Premises are substantially completed and ready for Tenant’s occupancy, a certificate furnished by the Construction Manager (as defined in the Work Letter) certifying the date of substantial completion accompanied by a certificate of occupancy issued on or before such date of substantial completion shall be conclusive of that fact and date and binding upon Landlord and Tenant. It is agreed that by occupying, except during any Early Entry Period, the Leased Premises for beneficial use, Tenant formally accepts same and acknowledges that the Leased Premises are in the condition called for hereunder, subject to correction of normal punchlist items and patent defects specified by Tenant to Landlord in writing within thirty (30) days after Landlord notifies Tenant of substantial completion of the Improvement Work, and subject to correction of latent defects not visually discoverable by Tenant upon a walk through and which are identified in writing to Landlord within twelve (12) months following the Commencement Date.

Performance Of Improvement Work; Acceptance Of Possession. Landlord shall, pursuant to the work letter attached hereto as Exhibit B C hereto and made a part of this Lease (the “"Work Letter”"), perform the work and make the installations in the Leased Premises substantially as set forth in the Work Letter (such work and installations hereinafter referred to as the “"Improvement Work”"). Without limiting the foregoing, Landlord agrees to deliver in good working order and in compliance with all Laws the roof surface and roof structure of the Building and the Leased Premises, including all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and shall warrant such good working order for a period of one year from the date of Substantial Completion of the Improvement Work. If any dispute arises as to whether the Leased Premises are substantially completed and ready for Tenant’s occupancy, a certificate furnished by the Construction Manager (as defined in the Work Letter) certifying the date of substantial completion shall be conclusive of that fact and date and binding upon Landlord and TenantPremises. It is agreed that by occupying, except during any Early Entry Period, occupying the Leased Premises for beneficial usePremises, Tenant formally accepts same and acknowledges that the Leased Premises are in the condition called for hereunder, subject to normal punchlist items specified by Tenant to Landlord in writing within thirty ten (3010) days after of such occupancy. Notwithstanding the foregoing, Tenant may elect to construct the Improvement Work (and use Tenant's own contractor) by written notice to Landlord notifies no later than March 15, 2000. In the event Tenant elects to construct the Improvement Work using Tenant's own contractor, Landlord and Tenant agree to amend this Lease and Work Letter to so provide, and to provide that the Lease Commencement Date will be the fixed date of substantial completion January 1, 2001 (regardless of whether the Improvement Work is complete), provided Landlord makes the Leased Premises available no later than September 1, 2000 for commencement of the Improvement WorkWork (in cooperation with Landlord's Contractor) and completes the Base Building no later than October 1, 2000.

Performance Of Improvement Work; Acceptance Of Possession. (a) Tenant acknowledges that Landlord has not agreed to perform any improvement work in the Initial Premises, and that upon delivery of the Initial Premises to Tenant, Tenant shall be deemed to have accepted the Initial Premises in their then current "as-is" condition, subject to Landlord's obligation to deliver in good working order the roof surface and all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises. If, within thirty (30) days of delivery of the Initial Premises, or within thirty (30) days of delivery of the Additional Space, any building system is not in the condition required by the foregoing sentence, Tenant shall so notify Landlord, and Landlord shall have the system repaired at no cost to Tenant. (b) Landlord shall, pursuant to the work letter attached hereto as Exhibit B to and made a part of this Lease (the “"Work Letter”"), perform the work and make the installations in the Leased Premises Additional Space substantially as set forth in the Work Letter (such work and installations hereinafter referred to as the “"Improvement Work”"). Without limiting the foregoing, Landlord agrees to deliver in good working order and in compliance with all Laws the roof surface and roof structure of the Building and the Leased Premises, including all existing plumbing, lighting, heating, ventilating and air conditioning systems within the Leased Premises and shall warrant such good working order for a period of one year from the date of Substantial Completion of the Improvement WorkAdditional Space. If any dispute arises as to whether the Leased Premises are Additional Space is substantially completed and ready for Tenant’s 's occupancy, a certificate furnished by the Construction Manager (as defined in the Work Letter) certifying the date of substantial completion shall be conclusive of that fact and date and binding upon Landlord and Tenant. It is agreed that by occupying, except during any Early Entry Period, the Leased Premises for beneficial use, Tenant formally accepts same and acknowledges that the Leased Premises are in the condition called for hereunder, subject to normal punchlist items specified by Tenant to Landlord in writing within thirty (30) days after Landlord notifies Tenant of substantial completion of the Improvement Work.upon