Common use of Punch List Items Clause in Contracts

Punch List Items. Landlord shall give Tenant five (5) Business Days prior notice of the date Landlord anticipates to be the Substantial Completion Date (the “Pre-Completion Notice”) and the Substantial Completion shall in no event have occurred unless Tenant has received such 5-Business Day prior notice. Within five (5) days following its receipt of the Pre-Completion Notice, Tenant shall inspect or cause to be inspected Landlord’s Work for material compliance with the Plans and Specifications, and Tenant and Landlord shall agree that Substantial Completion has occurred and upon the Punch List Items. If Tenant and Landlord shall fail to reach agreement either that Substantial Completion has occurred or on the Punch List Items within five (5) Business Days following the end of the five (5) day period after Tenant’s receipt of the Pre-Completion Notice, the disagreement shall be resolved by the Arbitrator. Promptly thereafter, Landlord shall undertake and diligently complete all Punch List Items within sixty (60) days, except for such Punch List Items that cannot with due diligence be completed within said period of sixty (60) days in which case Landlord shall undertake and diligently prosecute to completion such Punch List Items. After Tenant re-inspects the same, or causes the same to be re-inspected, Landlord shall continue to remedy any further defective or incomplete items until Landlord has completed all Punch List Items in accordance with the Plans and Specifications.

Punch List Items. Landlord shall give Tenant five Within fifteen (515) Business Days prior notice of the date Landlord anticipates to be the Substantial Completion Date (the “Pre-Completion Notice”) and the Substantial Completion shall in no event have occurred unless Tenant has received such 5-Business Day prior notice. Within five (5) business days following its receipt of the Pre-Completion NoticeMechanical/ Electrical Completion, Tenant shall be entitled to inspect or cause the Improvements and provide Landlord with a written "punch list" setting forth all items not constructed in substantial accordance with the Final Plans (the "Punch List Items"). Any items other than the Punch List Items specifically set forth on such written punch list shall be deemed to be inspected Landlord’s Work for material compliance with the Plans and Specifications, and waived by Tenant and Landlord shall agree that Substantial Completion has occurred and upon not a part of the Punch List Items. If Tenant and Landlord shall fail repair (or cause its Contractors to reach agreement either that Substantial Completion has occurred repair) all Punch List Items, as part of Landlord's Work, within thirty (30) days after receipt of the punch list, or on if repair would take longer than thirty (30) days, Landlord shall start the repair within this thirty (30) day period and diligently prosecute the repair to completion. Landlord shall, however, be under no obligation to repair any items other than the Punch List Items within five Items. Landlord shall also be under no obligation to repair any damage caused by, through or under Tenant or any of its employees, agents or contractors (5) Business Days following excluding Landlord or its Contractors), and all such damage shall be promptly repaired by Tenant at Tenant's sole cost and expense. Without limiting the end generality of the five (5) day period after Tenant’s receipt of the Pre-Completion Notice, the disagreement shall be resolved by the Arbitrator. Promptly thereafter, Landlord shall undertake and diligently complete all Punch List Items within sixty (60) daysforegoing, except for such Punch List Items that cannot with due diligence be completed within said period of sixty (60a) days in which case Landlord shall undertake have no responsibility for any design, material or construction defects (patent, latent or otherwise) in the Improvements, and diligently prosecute Tenant shall look solely to completion the applicable Warranties with respect to such Punch List Items. After Tenant re-inspects the samedefects, or causes the same to be re-inspected, and (b) Landlord shall continue have no responsibility with respect to remedy any further defective or incomplete items until Landlord has completed all Punch List Items the performance and/or production capacity of the Improvements, subject, however to the completion of the commissioning and acceptance testing described in accordance with the Plans and SpecificationsSection 1.33(ii), above.

Punch List Items. Prior to Tenant taking occupancy of any portion of the Premises pursuant to Section 1.6 above, Landlord shall give notify Tenant five in writing when Landlord considers the Tenant Improvements (5as defined in the Work Letter) Business Days prior to be substantially complete and Tenant shall, as soon as possible but not later than three (3) days after notice of substantial completion is received by Tenant from Landlord, conduct a walk-through inspection of the date applicable phase of the Premises (or portion thereof) with Landlord. Tenant shall notify Landlord anticipates to be the Substantial Completion Date in writing within two (the “Pre-Completion Notice”) and the Substantial Completion shall in no event have occurred unless Tenant has received such 5-Business Day prior notice. Within five (52) days following its receipt of completing said walk-through inspection of all learns of Tenant Improvements which Tenant reasonably determines must be completed or corrected (“Punch List Items”). Following preparation of the Pre-Completion NoticePunch List Items, Tenant shall inspect or cause to be inspected Landlord’s Work for material compliance with the Plans and Specifications, and Tenant and take occupancy. Landlord shall agree that Substantial Completion has occurred and upon complete repairs of the Punch List Items within forty-five (45) days of receipt of Tenant’s notice of Punch List Items. If Landlord fails to complete repairs of the Punch List items within said 45 days, neither the Commencement Date nor the Lease Term shall be extended, but Tenant shall be entitled to complete the repairs at Landlord’s cost and Landlord shall fail may offset the cost of such repairs from any Rent thereafter due and owing to reach agreement either that Substantial Completion has occurred or on Landlord. Any dispute regarding the completion of the Punch List Items within five (5) Business Days following the end of the five (5) day period after Tenant’s receipt of the Pre-Completion Notice, the disagreement shall be resolved by subject to arbitration under the Arbitrator. Promptly thereafter, Landlord shall undertake and diligently complete all Punch List Items within sixty (60) days, except for such Punch List Items that cannot with due diligence be completed within said period of sixty (60) days in which case Landlord shall undertake and diligently prosecute to completion such Punch List Items. After Tenant re-inspects the same, or causes the same to be re-inspected, Landlord shall continue to remedy any further defective or incomplete items until Landlord has completed all Punch List Items in accordance with the Plans and SpecificationsAmerican Arbitration Association rules.

Punch List Items. Landlord shall give Tenant five Following the issuance of the final Architect Certificate, MPT, with the cooperation and assistance of the Adeptus Parties, may, within seven (57) Business Days prior notice of the date Landlord anticipates to be the Substantial Completion Date (the “Pre-Completion Notice”) and the Substantial Completion shall in no event have occurred unless Tenant has received such 5-Business Day prior notice. Within five (5) days following its after receipt of the Pre-Completion Noticefinal Architect Certificate, Tenant shall inspect the Property and Improvements and prepare punch lists (each a “Punch List”) setting forth all incomplete, defective or cause to be inspected Landlord’s Work for material compliance other items of construction not in conformity with the Plans and SpecificationsSpecifications and if MPT delivers any such Punch List, the Developer, with the cooperation and Tenant and Landlord assistance of the Adeptus Parties, shall agree that Substantial Completion has occurred and upon the cause all such items to be completed or corrected within ninety (90) days after receipt of such Punch List. If ninety (90) days is an insufficient period of time in which to complete or correct any Punch List Itemsitem, the Developer may request one or more thirty (30) day extensions of said 90-day period, which extensions MPT shall grant so long as the Developer and the Adeptus Parties are working and continue to work in good faith and diligently pursue the completion and correction thereof. If Tenant In the event such items are not completed within the ninety (90) day period, or the extended period of time, as applicable, MPT may complete or correct any or all of such items and Landlord the Adeptus Parties, jointly and severally (subject to the Guaranty Limitation), shall reimburse MPT for the cost thereof within thirty (30) days after receipt from MPT of written demand for such payment, with interest thereon computed at the Overdue Rate from the date of demand to the date of payment. In the event the Adeptus Parties fail to reach agreement either that Substantial Completion has occurred or on the Punch List Items reimburse MPT for such cost and interest within five such thirty (5) Business Days following the end of the five (530) day period after Tenant’s receipt period, such failure shall constitute an Event of the Pre-Completion Notice, the disagreement Default and MPT shall be resolved by entitled to pursue any remedies available against the Arbitrator. Promptly thereafter, Landlord shall undertake and diligently complete all Punch List Items within sixty (60) days, except for such Punch List Items that cannot with due diligence be completed within said period of sixty (60) days Adeptus Parties provided herein or at law or in which case Landlord shall undertake and diligently prosecute to completion such Punch List Items. After Tenant re-inspects the same, or causes the same to be re-inspected, Landlord shall continue to remedy any further defective or incomplete items until Landlord has completed all Punch List Items in accordance with the Plans and Specificationsequity.

Punch List Items. Landlord shall give Tenant five Within ten (510) Business Days prior notice days after the construction of the date Leased Property is Substantially Complete in accordance with subsection (C) herein, Tenant shall deliver to Landlord anticipates a list of uncompleted Punch List Items (as hereinafter defined) for the work that Landlord is obligated by the provisions of this Lease to be the Substantial Completion Date complete (the “Pre-Completion NoticePunch List”) ). Landlord and the Substantial Completion shall in no event have occurred unless Tenant has received such 5-Business Day prior notice. Within five (5) days following its receipt of the Pre-Completion Notice, Tenant shall inspect or cause to be inspected Landlord’s Work reasonably cooperate in assigning specific time periods for material compliance with the Plans and Specifications, and Tenant and Landlord shall agree that Substantial Completion has occurred and upon completion of each Punch List item when the Punch List Itemsis compiled. If Tenant and Landlord shall fail to reach agreement either that Substantial Completion has occurred or on complete the Punch List Items items within five (5) Business Days following 30 days except for items which are delayed as the end result of the five (5) day period after Tenant’s receipt weather or unavailability of the Pre-Completion Notice, the disagreement shall be resolved by the Arbitratormaterials. Promptly thereafter, Landlord shall undertake and diligently complete all Punch List Items within sixty (60) days, except for such Punch List Items that cannot proceed with due diligence be completed within to complete the work set forth on said period Punch List subject to reasonable delays as a result of sixty (60) days in which case seasonal conditions. If Landlord has obtained a temporary certificate of occupancy, Landlord shall, with due diligence, complete the remaining items of work required to obtain and shall undertake and diligently prosecute to completion such thereupon obtain, a permanent certificate of occupancy for the Leased Property as required by applicable laws. The term “Punch List Items. After Tenant re-inspects ” shall mean details of construction, work awaiting seasonal opportunity, decoration and mechanical and electrical adjustments which, in the sameaggregate, are minor in character and do not materially or causes unreasonably interfere with Tenant’s use and enjoyment of the same to be re-inspected, Landlord shall continue to remedy any further defective or incomplete items until Landlord has completed all Punch List Items Leased Property in accordance with the Plans and Specificationsprovisions of this Lease. In addition to the foregoing, after the Substantial Completion Date, Landlord shall complete the Work in its entirety to the condition of a first-class fully-operational office building.

Punch List Items. Landlord Contemporaneously with the execution of the Commencement Date Agreement (defined herein), Tenant shall give Tenant five (5) Business Days prior notice Landlord a written list of all contended defects or variances, if any, in the date Landlord anticipates to be Landlord’s Work from the Substantial Completion Date (the “Pre-Completion Notice”) Final Plans and the Substantial Completion other requirements hereof, and Tenant shall in no event have occurred unless Tenant has received such 5-Business Day prior notice. Within five deliver to Landlord an updated list of contended defects within ninety (590) days following its receipt of the Pre-Completion NoticeCommencement Date (such lists are referred to herein as the “Punch Lists”). Any and all such defects and variances not set forth in the Punch Lists, Tenant which were discernible at such time by a reasonable inspection, shall inspect or cause be conclusively deemed to be inspected waived by Tenant, except to the extent otherwise subject to Landlord’s Work for material compliance warranty obligations under Section 3.13 and obligations with the Plans and Specifications, and Tenant and respect to Structural Components under Section 15.1.B. Landlord shall agree that Substantial Completion has occurred and upon the Punch List Items. If Tenant and Landlord shall fail to reach agreement either that Substantial Completion has occurred or correct all items on the Punch List Items within five (5) Business Days following the end of the five (5) day period after Tenant’s receipt of the Pre-Completion Notice, the disagreement shall be resolved by the Arbitrator. Promptly thereafter, Landlord shall undertake and diligently complete all Punch List Items Lists that constitute valid defects or variances within sixty (60) daysdays after Landlord’s receipt of the applicable Punch List, except for unless the nature of the defect or variance is such Punch List Items that cannot with due diligence be completed within said a longer period of sixty (60) days time is required to repair or correct the same, in which case Landlord shall undertake exercise due diligence in correcting such defect or variance at the earliest possible date and with a minimum of interference with Tenant’s business operations at the Premises. If Landlord fails to repair or correct such defect, within the applicable time period, Tenant shall provide Landlord with written notice of such failure and Landlord shall effectuate such repairs within ten (10) days after receipt thereof. Should Landlord fail to commence the repairs within such ten (10) day period and thereafter diligently prosecute to completion such Punch List Items. After Tenant re-inspects the same, or causes the same cause them to be re-inspectedcompleted, Tenant may complete such items on the Punch Lists which constitute valid defects or variances and recover from Landlord shall continue to remedy any further defective or incomplete items until Landlord has completed all Punch List Items in accordance with the Plans and SpecificationsTenant’s cost of repairs.

Punch List Items. Landlord shall give Tenant five Following the issuance of the final Architect Certificate, MPT, with the cooperation and assistance of the Adeptus Parties, may, within seven (57) Business Days prior notice of the date Landlord anticipates to be the Substantial Completion Date (the “Pre-Completion Notice”) and the Substantial Completion shall in no event have occurred unless Tenant has received such 5-Business Day prior notice. Within five (5) days following its after receipt of the Pre-Completion Noticefinal Architect Certificate, Tenant shall inspect the Property and Improvements and prepare punch lists (each a “Punch List”) setting forth all incomplete, defective or cause to be inspected Landlord’s Work for material compliance other items of construction not in conformity with the Plans and SpecificationsSpecifications and if MPT delivers any such Punch List, the Developer, with the cooperation and Tenant and Landlord assistance of the Adeptus Parties, shall agree that Substantial Completion has occurred and upon the cause all such items to be completed 21 or corrected within ninety (90) days after receipt of such Punch List. If ninety (90) days is an insufficient period of time in which to complete or correct any Punch List Itemsitem, the Developer may request one or more thirty (30) day extensions of said 90-day period, which extensions MPT shall grant so long as the Developer and the Adeptus Parties are working and continue to work in good faith and diligently pursue the completion and correction thereof. If Tenant In the event such items are not completed within the ninety (90) day period, or the extended period of time, as applicable, MPT may complete or correct any or all of such items and Landlord the Adeptus Parties, jointly and severally (subject to the Guaranty Limitation), shall reimburse MPT for the cost thereof within thirty (30) days after receipt from MPT of written demand for such payment, with interest thereon computed at the Overdue Rate from the date of demand to the date of payment. In the event the Adeptus Parties fail to reach agreement either that Substantial Completion has occurred or on the Punch List Items reimburse MPT for such cost and interest within five such thirty (5) Business Days following the end of the five (530) day period after Tenant’s receipt period, such failure shall constitute an Event of the Pre-Completion Notice, the disagreement Default and MPT shall be resolved by entitled to pursue any remedies available against the Arbitrator. Promptly thereafter, Landlord shall undertake and diligently complete all Punch List Items within sixty (60) days, except for such Punch List Items that cannot with due diligence be completed within said period of sixty (60) days Adeptus Parties provided herein or at law or in which case Landlord shall undertake and diligently prosecute to completion such Punch List Items. After Tenant re-inspects the same, or causes the same to be re-inspected, Landlord shall continue to remedy any further defective or incomplete items until Landlord has completed all Punch List Items in accordance with the Plans and Specificationsequity.

Punch List Items. Landlord shall endeavor to give Tenant five (5) Business Days prior notice of the date Landlord anticipates to be the Substantial Completion Date (the “Pre-Completion Notice”) and Date, but the Substantial Completion shall in no event have occurred unless Tenant has received not be affected by Landlord’s failure to timely provide such 5-Business Day prior notice. Within five (5) days following its receipt of the Pre-Completion NoticeLandlord’s notice, Tenant shall inspect or cause to be inspected Landlord’s Work for material compliance with the Plans and Specificationsspecifications of Landlord’s Work, and Tenant and Landlord shall agree that Substantial Completion has occurred and upon the Punch List Items. If Tenant and Landlord shall fail to reach agreement either that Substantial Completion has occurred or on the Punch List Items within five (5) Business Days following the end of the five (5) day period after Tenant’s receipt of the Pre-Completion NoticeLandlord’s notice, the disagreement shall be resolved by the Arbitrator. Promptly thereafter, Landlord shall undertake and diligently complete all Punch List Items within sixty (60) days, except for such Punch List Items that cannot with due diligence be completed within said period of sixty (60) days in which case Landlord shall undertake and diligently prosecute to completion such Punch List Items. After Tenant re-inspects the same, or causes the same to be re-inspected, Landlord shall continue to remedy any further defective or incomplete items until Landlord has completed all Punch List Items in accordance with the Plans and Specificationsspecifications of Landlord’s Work.