Common use of Substantial Completion; Punch-List Clause in Contracts

Substantial Completion; Punch-List. As used herein, the term "Substantial Completion" or "Substantially Complete" shall mean the date upon which (i) the Project Improvements (with the exception of the Parking Area expansion work) have been completed in accordance with the applicable portion(s) of the Final Plans and any applicable Change Order, notwithstanding that minor details or adjustments not affecting the use of such Project Improvements (or relevant portion thereof) remain to be completed; (ii) the Project Architect issues the Architect's Certificate confirming the Substantial Completion of the Project Improvements (excepting Parking Area work) shown in the mutually approved Final Plans, subject only to Punch List Items; and (iii) issuance of a temporary or permanent certificate of occupancy. The date on which Landlord has both a temporary or permanent certificate of occupancy, and the Project Architect's Certificate (subject only to Punch List Items, including, without limitation, the completion of the Parking Area expansion work) with respect to the Project Improvements shall be the Commencement Date of this Lease, subject to adjustment for Tenant Delay as set forth in Section 8 of the Work Letter Rider. Upon receipt of the Project Architect's Certificate for the Project Improvements, Tenant, Landlord, Tenant's Representative, Project Architect and Landlord's Representative shall jointly conduct a walk-through of the Project Improvements and shall jointly prepare a punch list ("Punch List") of items needing additional work ("Punch List Items"); provided, however, the Punch List shall be limited to items which are required by the Final Plans, Change Orders and any other changes agreed to by the parties. Landlord shall cause the Punch List Items for the Project Improvements to be promptly completed with all commercially reasonable diligence and a permanent certificate of occupancy to be issued without delay.

Appears in 1 contract

Samples: United Stationers Inc

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Substantial Completion; Punch-List. As used hereinFor purposes of Section 8(a)(ii) above, the term Tenant Improvements will be deemed to be "Substantial CompletionSUBSTANTIALLY COMPLETED" or "Substantially Complete" shall mean when Landlord: (a) is able to provide Tenant with reasonable access to the date upon which Premises; (ib) the Project Improvements (with the exception has substantially performed all of the Parking Area expansion workTenant Improvement Work required to be performed by Landlord under this Work Letter Agreement, other than the items described on Schedule "4" attached hereto (Possible Scope Of Work Which May Not Be Completed by 2/28/01) have been completed in accordance and minor "punch-list" type items and adjustments which do not materially interfere with the applicable portion(s) Tenant's access to or use of the Final Plans and any applicable Change Order, notwithstanding that minor details or adjustments not affecting the use of such Project Improvements (or relevant portion thereof) remain to be completed; (ii) the Project Architect issues the Architect's Certificate confirming the Substantial Completion of the Project Improvements (excepting Parking Area work) shown in the mutually approved Final Plans, subject only to Punch List ItemsPremises; and (iiic) issuance of a temporary or permanent certificate of occupancy. The date on which Landlord has both a temporary or permanent certificate of occupancy, and temporary certificate of occupancy or final sign off for the Project Architect's Certificate (subject only to Punch List Items, including, without limitation, the Premises. Tenant acknowledges substantial completion will not require completion of the Parking Area expansion work) with respect to the Project Improvements shall be the Commencement Date of this Leasethose items listed on Schedule "4" attached hereto, subject to adjustment for which Tenant Delay as set forth in Section 8 acknowledges Landlord may complete after Tenant takes occupancy of the Work Letter RiderPremises. Upon receipt If Landlord does not diligently pursue completion of such items after notice to Landlord and a reasonable opportunity to cure, Tenant shall have the right to pursue completion of such items within the Premises at Landlord's expense and Landlord shall reimburse Tenant within thirty (30) days of demand for the reasonable, actual and documented expenses incurred by Tenant in so completing such items. Within ten (10) days after delivery of the Project Architect's Certificate for Premises to Tenant and again, within ten (10) days after Landlord completes the Project ImprovementsSchedule "4" items, Tenant, Landlord, Tenant's Representative, Project Architect Tenant and Landlord's Representative shall jointly Landlord will conduct a walk-through inspection of the Project Improvements Premises and shall jointly prepare a punch written punch-list ("Punch List") of items needing additional work ("Punch List Items"); provided, however, the Punch List shall be limited to specifying those punch-list items which are required by the Final Plansrequire completion, Change Orders and any other changes agreed to by the parties. which items Landlord shall cause the Punch List Items for the Project Improvements to be promptly completed with all commercially reasonable diligence and a permanent certificate of occupancy to be issued without delaywill thereafter diligently complete.

Appears in 1 contract

Samples: Office Lease (Good Guys Inc)

Substantial Completion; Punch-List. As used herein, the term The Tenant Improvements will be ---------------------------------- deemed to be substantially completed ("Substantial Completion" or "Substantially Complete" shall mean ) when: (a) Landlord is able to provide Tenant with reasonable access to the date upon which Premises; (ib) when the Project Improvements (with Space Planner certifies to Tenant and Landlord that the exception Contractor has substantially performed all of the Parking Area expansion work) have been completed Tenant Improvement Work required to be performed by Landlord under this Work Letter substantially in accordance with the applicable portion(s) of the Final Plans and any applicable Change Order, notwithstanding that minor details or adjustments not affecting the use of such Project Improvements (or relevant portion thereof) remain to be completed; (ii) the Project Architect issues the Architect's Certificate confirming the Substantial Completion of the Project Improvements (excepting Parking Area work) shown in the mutually approved Final Plans, subject only other than minor "punch-list" type items and adjustments which do not materially interfere with Tenant's access to Punch List Items; and (iii) issuance of a temporary or permanent certificate of occupancy. The date on which Landlord has both a temporary or permanent certificate of occupancy, and the Project Architect's Certificate (subject only to Punch List Items, including, without limitation, the completion use of the Parking Area expansion work) with respect to Premises (the Project Improvements shall be the Commencement Date of this Lease, subject to adjustment for Tenant Delay as set forth in Section 8 of the Work Letter Rider. Upon receipt of the Project Architect's Certificate for the Project Improvements, Tenant, Landlord, Tenant's Representative, Project Architect and Landlord's Representative shall jointly conduct a walk-through of the Project Improvements and shall jointly prepare a punch list ("Punch List"); (c) Contractor has obtained a temporary certificate of items needing additional work occupancy or other required equivalent approval from the local governmental authority permitting occupancy of the Premises; ("d) the construction of the base building structure and the installation of the base building systems have been performed substantially in accordance with the Outline Specifications and such systems are operational, subject to any Punch List Items")items; provided, however, that while the Punch List shall elevators may not be limited to items which are required by Substantially Complete, they will be operational and at least one of the Final Planselevators will be Substantially Complete no more than two (2) weeks following the Commencement Date, Change Orders and any other changes agreed to by with the parties. Landlord shall cause the Punch List Items for the Project Improvements second elevator to be promptly completed with all commercially reasonable diligence and a permanent no more than thirty (30) days following the date of issuance of the certificate of occupancy for the Building; and (e) the parking lot and site improvements will be Substantially Complete, except for landscaping. Within five (5) business days after the date of Substantial Completion, Tenant will conduct a walkthrough inspection of the Premises with Landlord, Tenant's Representative and the Contractor, and the parties will jointly prepare a written Punch List specifying those Punch List items which require completion, which items Landlord will cause the Contractor to be issued without delaythereafter diligently complete, subject to Force Majeure. Landlord will use reasonable efforts to substantially complete such Punchlist items within thirty (30) days following finalization of the Punch List, subject to Force Majeure or other delays beyond the reasonable control of Landlord. Except as permitted by Paragraph 13 hereof, Tenant may not take occupancy prior to preparation of the Punch List. If Tenant takes occupancy prior to completion of the Punch List, it shall take possession subject to all terms and conditions of this Lease and in no event may Tenant interfere with or delay the completion of the Punch List.

Appears in 1 contract

Samples: Office Lease (Sm&a Corp)

Substantial Completion; Punch-List. As used hereinFor purposes of Section 3(a)(ii) above, the term "Substantial Completion" or "Tenant Improvements shall be deemed to be “Substantially Complete" shall mean the date upon which Completed” when Landlord: (i) the Project substantial completion of construction of the Tenant Improvements (required for Tenant to reasonably occupy and conduct its business in the Premises, with the exception of any Punch List Items (defined below), which Punch List Items shall be diligently completed by Landlord not later than thirty (30) days thereafter; provided, however, that Tenant shall be responsible, at Tenant’s sole cost and expense, for the Parking Area expansion workremediation of any Punch-List Items caused by Tenant’s negligent or wrongful acts or omissions; (ii) have been completed all of the Building Operating Systems are fully operational in accordance with the applicable portion(sLease; (iii) if required, a temporary certificate of the Final Plans and any applicable Change Order, notwithstanding that minor details or adjustments not affecting the use of such Project Improvements occupancy (or relevant portion thereofjurisdictional equivalent) remain to be completedfor the Building and the Tenant Improvements has been issued by the applicable governmental authority; (iiiv) Landlord is able to provide parking for Tenant sufficient to satisfy the Project Architect issues parking requirements under the Architect's Certificate confirming Lease; (v) Landlord is able to provide Tenant reasonable and continuous ingress and egress to and from the Substantial Completion of parking areas, the Project Improvements Premises, the Building and the Project, and (excepting Parking Area workvi) shown in continuous and uninterrupted power is available to the mutually approved Final Plans, subject only to Premises. The term “Punch List Items; and (iii) issuance ” shall mean minor items of a temporary completion, correction or permanent certificate of occupancy. The date on which Landlord has both a temporary or permanent certificate of occupancy, and the Project Architect's Certificate (subject only to Punch List Items, including, without limitation, the completion of the Parking Area expansion work) repair with respect to the Project Improvements shall be Tenant Improvements, which by their nature will not interfere with, or impair in any material respect, Tenant’s use or occupancy of the Commencement Date of this Premises for the purposes contemplated under the Lease, subject and which can reasonably be expected to adjustment for be completed within thirty (30) days other than delayed delivery items which can reasonably be expected to be delivered and installed within ninety (90) days. Landlord and Tenant Delay as set forth in Section 8 of the Work Letter Rider. Upon receipt of the Project Architect's Certificate for the Project Improvements, Tenant, Landlord, Tenant's Representative, Project Architect and Landlord's Representative shall jointly conduct a final walk-through of the Project Premises not earlier than ten (10) days earlier than the expected date(s) the Tenant Improvements and shall jointly prepare a punch list ("Punch List") of items needing additional work ("Punch List Items"); provided, however, the Punch List shall be limited to items which are required by the Final Plans, Change Orders and any other changes agreed to by the parties. Landlord shall cause the Punch List Items for the Project Improvements to be promptly completed with all commercially reasonable diligence and a permanent certificate of occupancy Substantially Completed as specified by written notice from Landlord to be issued without delayTenant.

Appears in 1 contract

Samples: Office Lease (Tandem Diabetes Care Inc)

Substantial Completion; Punch-List. As used hereinFor purposes of Section 6(a)(ii) above, the term Tenant Improvements will be deemed to be "Substantial CompletionSUBSTANTIALLY COMPLETED" or "Substantially Complete" shall mean when the date upon which Contractor certifies in writing to Landlord and Tenant that Landlord: (ia) is able to provide Tenant with access to the Project Improvements Premises; (with the exception b) has substantially performed all of the Parking Area expansion work) have been completed in accordance Tenant Improvement Work required to be performed by Landlord under this Work Letter Agreement, other than decoration and minor "punch-list" type items and adjustments which do not materially interfere with the applicable portion(s) Tenant's access to or use of the Final Plans and any applicable Change Order, notwithstanding that minor details or adjustments not affecting the use of such Project Improvements (or relevant portion thereof) remain to be completed; (ii) the Project Architect issues the Architect's Certificate confirming the Substantial Completion of the Project Improvements (excepting Parking Area work) shown in the mutually approved Final Plans, subject only to Punch List ItemsPremises; and (iiic) issuance of has obtained a temporary or permanent certificate of occupancy. The date on which Landlord has both a temporary occupancy or permanent certificate of occupancy, and other required equivalent approval from the Project Architect's Certificate (subject only to Punch List Items, including, without limitation, the completion local governmental authority permitting occupancy of the Parking Area expansion workPremises. Within ten (10) with respect to the Project Improvements shall be the Commencement Date of this Lease, subject to adjustment for Tenant Delay as set forth in Section 8 of the Work Letter Rider. Upon days after receipt of such certificate from the Project Architect's Certificate for the Project ImprovementsContractor, Tenant, Landlord, Tenant's Representative, Project Architect and Landlord's Representative shall jointly Tenant will conduct a walk-through inspection of the Project Improvements Premises with Landlord and shall jointly prepare provide to Landlord a punch written punch-list ("Punch List") of items needing additional work ("Punch List Items"); provided, however, the Punch List shall be limited to specifying those decoration and other punch-list items which are required by the Final Plans, Change Orders and any other changes agreed to by the partiesrequire completion. Landlord shall cause complete all punchlist items within thirty (30) days following the Punch List Items date of such walkthrough; provided however, that if the nature of a given punchlist item is such that more than thirty (30) days are required for completion, then Landlord will not be deemed in default if it commences such cure within such thirty (30) day period and thereafter diligently pursues the Project Improvements same to be promptly completed with all commercially reasonable diligence and a permanent certificate of occupancy to be issued without delaycompletion.

Appears in 1 contract

Samples: Work Letter Agreement (Rainbow Technologies Inc)

Substantial Completion; Punch-List. As used herein, the term "Substantial Completion" or "Substantially Complete" shall mean the date upon which (i) the Project Improvements (with the exception of the Parking Area expansion work) have been completed in accordance with the applicable portion(s) of the Final Plans and any applicable Change Order, notwithstanding that minor details or adjustments not affecting the use of such Project Improvements (or relevant portion thereof) remain to be completed; (ii) the Project Architect issues the Architect's Certificate confirming the Substantial Completion of the Project Improvements (excepting Parking Area work) shown in the mutually approved Final Plans, subject only to Punch List Items; and (iii) issuance of a temporary or permanent certificate of occupancy. The date on which Landlord has both a temporary or permanent certificate of occupancy, and the Project Architect's Certificate (subject only to Punch List Items, including, without limitation, the completion of the Parking Area expansion work) with respect to the Project Improvements shall be the Commencement Date of this Lease, subject “Substantial Completion” means the earlier to adjustment for Tenant Delay as set forth in Section 8 occur of the Work Letter Rider. Upon receipt following: (a) the issuance of all final unconditional approvals and green tags by the governmental authority exercising jurisdiction over the Additional Premises Tenant Improvements signifying the final and unconditional acceptance and approval of the Project Architect's Additional Premises Tenant Improvements, (b) the date a Certificate of Occupancy is issued for the Project ImprovementsAdditional Premises, Tenantand (c) if a Certificate of Occupancy is not required, Landlord, Tenant's Representative, Project Architect and Landlord's Representative shall jointly conduct a walk-through the date Tenant is reasonably able to take occupancy of the Project Improvements Additional Premises; provided that if either (a), (b) or (c) is delayed or prevented because of work Tenant is responsible for performing in the Additional Premises, “Substantial Completion” means the date that all of Landlord’s work which is necessary for either (a), (b) or (c) to occur has been performed and shall jointly prepare Landlord has made the Additional Premises available to Tenant for the performance of Tenant’s work. Within thirty (30) days after Substantial Completion, Landlord and Tenant will inspect the Additional Premises and develop a punch list ("Punch List") of . Landlord will cause the items needing additional work ("Punch List Items"); provided, however, listed on the Punch List shall be limited to items which are required by the Final Plans, Change Orders and any other changes agreed to by the parties. Landlord shall cause the Punch List Items for the Project Improvements to be promptly completed with all commercially reasonable diligence and a permanent certificate speed, subject to Tenant Delay and Force Majeure. If Tenant refuses to inspect the Additional Premises with Landlord within the 30-day period, Tenant is deemed to have accepted the Additional Premises as delivered. Tenant will not occupy the Additional Premises before Substantial Completion without Landlord’s prior written consent, which consent Landlord may grant, withhold or condition in its sole and absolute discretion. If Landlord consents, during the early occupancy period Tenant may only install Tenant’s furniture, fixtures and equipment in the Additional Premises and must comply with and observe all terms and conditions of occupancy this Lease (other than Tenant’s obligation to be issued without delaypay Additional Premises’Base Rent).

Appears in 1 contract

Samples: To Lease (Eschelon Telecom Inc)

Substantial Completion; Punch-List. As used herein, the term "Substantial Completion" or "Substantially Complete" shall mean the date upon which (i) the Project Improvements (with the exception of the Parking Area expansion work) have been completed in accordance with the applicable portion(s) of the Final Plans and any applicable Change Order, notwithstanding that minor details or adjustments not affecting the use of such Project Improvements (or relevant portion thereof) remain to be completed; (ii) the Project Architect issues the Architect's Certificate confirming the Substantial Completion of the Project Improvements (excepting Parking Area work) shown in the mutually approved Final Plans, subject only to Punch List Items; and (iii) issuance of a temporary or permanent certificate of occupancy. The date on which Landlord has both a temporary or permanent certificate of occupancy, and the Project Architect's Certificate (subject only to Punch List Items, including, without limitation, the completion of the Parking Area expansion work) with respect to the Project Improvements shall be the Commencement Date of this Lease, subject “Substantial Completion” means the earlier to adjustment for Tenant Delay as set forth in Section 8 occur of the Work Letter Rider. Upon receipt following: (a) the issuance of all final unconditional approvals and green tags by the governmental authority exercising jurisdiction over the Additional Premises Tenant Improvements signifying the final and unconditional acceptance and approval of the Project Architect's Additional Premises Tenant Improvements, (b) the date a Certificate of Occupancy is issued for the Project ImprovementsAdditional Premises, Tenantand (c) if a Certificate of Occupancy is not required, Landlord, Tenant's Representative, Project Architect and Landlord's Representative shall jointly conduct a walk-through the date Tenant is reasonably able to take occupancy of the Project Improvements Additional Premises; provided that if either (a), (b) or (c) is delayed or prevented because of work Tenant is responsible for performing in the Additional Premises, “Substantial Completion” means the date that all of Landlord’s work which is necessary for either (a), (b) or (c) to occur has been performed and shall jointly prepare Landlord has made the Additional Premises available to Tenant for the performance of Tenant’s work. Within thirty (30) days after Substantial Completion, Landlord and Tenant will inspect the Additional Premises and develop a punch list ("Punch List") of . Landlord will cause the items needing additional work ("Punch List Items"); provided, however, listed on the Punch List shall be limited to items which are required by the Final Plans, Change Orders and any other changes agreed to by the parties. Landlord shall cause the Punch List Items for the Project Improvements to be promptly completed with all commercially reasonable diligence and a permanent certificate speed, subject to Tenant Delay and Force Majeure. If Tenant refuses to inspect the Additional Premises with Landlord within the 30-day period, Tenant is deemed to have accepted the Additional Premises as delivered. Tenant will not occupy the Additional Premises before Substantial Completion without Landlord’s prior written consent, which consent Landlord may grant, withhold or condition in its sole and absolute discretion. If Landlord consents, during the early occupancy period Tenant may only install Tenant’s furniture, fixtures and equipment in the Additional Premises and must comply with and observe all terms and conditions of occupancy this Lease (other than Tenant’s obligation to be issued without delaypay Additional Premises Base Rent).

Appears in 1 contract

Samples: Office Lease (Eschelon Telecom Inc)

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Substantial Completion; Punch-List. As used herein, the term "The Tenant Improvements will be deemed to be substantially completed (“Substantial Completion" or "Substantially Complete" shall mean ”) when the date upon Tenant Improvements have been substantially completed, other than minor “punch-list” type items and adjustments which do not materially interfere with the occupation of the Leased Premises by Tenant and that: (i) Landlord is able to provide Tenant with reasonable access to the Project Improvements (with the exception of the Parking Area expansion work) have been completed in accordance with the applicable portion(s) of the Final Plans and any applicable Change Order, notwithstanding that minor details or adjustments not affecting the use of such Project Improvements (or relevant portion thereof) remain to be completedLeased Premises; (ii) the Project Architect issues the Architect's Certificate confirming the Substantial Completion Contractor has substantially completed all of the Project Landlord Improvements and Tenant Improvements required to be performed by Landlord under this Work Letter, other than minor “punch-list” type items and adjustments which do not materially interfere with Tenant’s access to or use of the Premises (excepting Parking Area work) shown in the mutually approved Final Plans, subject only to Punch List Items”); and (iii) issuance of Contractor has obtained a temporary or permanent certificate of occupancy. The date on which Landlord has both a temporary occupancy or permanent certificate of occupancy, and other required equivalent approval from the Project Architect's Certificate (subject only to Punch List Items, including, without limitation, the completion local governmental authority permitting occupancy of the Parking Area expansion workLeased Premises. Five (5) with respect days prior to the Project Improvements shall be the Commencement Date of this LeaseSubstantial Completion, subject to adjustment for Tenant Delay as set forth in Section 8 of the Work Letter Rider. Upon receipt of the Project Architect's Certificate for the Project Improvements, Tenant, Landlord, Tenant's Representative, Project Architect and Landlord's Representative shall jointly will conduct a walk-through inspection of the Project Improvements Premises with Landlord, Landlord’s Representative, Tenant’s Representative and shall Contractor, and the parties will jointly prepare a written punch list ("Punch List") specifying those Punch List Items which require completion, which items Tenant will cause Contractor to thereafter diligently complete, subject to Force Majeure Delays. Tenant may not take occupancy prior to preparation of items needing additional work ("the Punch List. If Tenant takes occupancy prior to completion of the Punch List, it shall take possession subject to all terms and conditions of this Lease and in no event may Tenant interfere with or delay the completion of the Punch List Items"); provided, however, the Punch List shall be limited to items which are required by the Final Plans, Change Orders and any other changes agreed to by the parties. Landlord shall cause the Punch List Items for the Project Improvements to be promptly completed with all commercially reasonable diligence and a permanent certificate of occupancy to be issued without delay.

Appears in 1 contract

Samples: Lease Agreement (New Frontier Media Inc)

Substantial Completion; Punch-List. As used hereinFor purposes of the Lease, including for purposes of determining the term "Commencement Date “Substantial Completion" or "Substantially Complete" ” of the Premises shall mean occur upon the date upon which (i) completion of construction of the Project Tenant Improvements (in the Premises pursuant to the Approved Working Drawings, with the exception of any punchlist items and any tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant. When Architect determines that the Parking Area expansion work) have been completed in accordance construction of the Tenant Improvements has reached Substantial Completion with the applicable portion(s) exception of the Final Plans and any applicable Change Order, notwithstanding that minor details of construction, installation, decoration, or adjustments not affecting the use of such Project Improvements (or relevant portion thereof) remain to be completed; (ii) the Project Architect issues the Architect's Certificate confirming the Substantial Completion of the Project Improvements (excepting Parking Area work) shown in the mutually approved Final Plansmechanical adjustments, subject only to Punch List Items; and (iii) issuance of a temporary or permanent certificate of occupancy. The date on which Landlord has both a temporary or permanent certificate of occupancy, and the Project Architect's Certificate (subject only to Punch List Items, including, without limitation, the completion of the Parking Area expansion work) with respect to the Project Improvements shall be the Commencement Date of this Lease, subject to adjustment for Tenant Delay as set forth in Section 8 of the Work Letter Rider. Upon receipt of the Project Architect's Certificate for the Project Improvements, Tenant, Landlord, Tenant's Representative, Project Architect and Landlord's Representative shall jointly conduct schedule a walk-through of the Project Improvements Premises to be attended by Contractor, Architect, Landlord and Tenant. Landlord and Tenant shall agree upon, and Architect shall prepare, a “Punch List” within thirty (30) days identifying the corrective work of the type commonly found on an architectural Punch List with respect to the Tenant Improvements, which list shall be in accordance with industry standards and shall jointly prepare be based on whether such items were required by the approved Construction Drawings and Specifications. In the event a punch list dispute arises as to whether an item is substantially completed, the parties shall abide by the decision made by Architect. If Tenant refuses to inspect the Premises with Landlord within twenty ("Punch List"20) of items needing additional work ("Punch List Items"); provided, however, days after Landlord’s notice that the Premises is ready for the Punch List shall be limited walk-through, Tenant is deemed to items which are required by have accepted the Final PlansPremises as delivered. Immediately after delivery of the Punch List, Change Orders and any other changes agreed to by the parties. Landlord shall cause Contractor to commence the correction of Punch List Items for the Project Improvements items and diligently pursue such work to completion. The Punch List procedure to be promptly completed with all commercially reasonable diligence followed by Landlord and a permanent certificate of occupancy Tenant shall in no way limit Tenant’s obligation to be issued without delaypay Rent as provided under the Lease.

Appears in 1 contract

Samples: Lease Agreement (Talis Biomedical Corp)

Substantial Completion; Punch-List. As used hereinFor purposes of this Section, the term "Substantial Completion" or "Substantially Complete" Office Improvements shall mean be deemed to be “substantially completed” when Landlord: (a) has substantially completed the date upon which (i) the Project Office Improvements (with the exception of the Parking Area expansion work) have been completed in accordance with the applicable portion(s) final Plans for the Office Improvements, other than decoration and minor “punch-list” type items and adjustments which do not materially interfere with Tenant’s access to or use of the Final Plans and any applicable Change Order, notwithstanding that minor details or adjustments not affecting the use of such Project Improvements (or relevant portion thereof) remain to be completed; (ii) the Project Architect issues the Architect's Certificate confirming the Substantial Completion of the Project Improvements (excepting Parking Area work) shown in the mutually approved Final Plans, subject only to Punch List ItemsPremises; and (iiib) issuance has obtained inspection sign off on the building permit for the Office Improvements to the extent required, exclusive of a temporary or permanent certificate of occupancyany work to be performed by Tenant and permits and governmental approvals required for Tenant to operate at the Premises. The date on which Landlord has both a temporary or permanent certificate of occupancy, and the Project Architect's Certificate Within ten (subject only to Punch List Items, including, without limitation, the 10) days after such substantial completion of the Parking Area expansion work) with respect to the Project Improvements shall be the Commencement Date of this Lease, subject to adjustment for Tenant Delay as set forth in Section 8 of the Work Letter Rider. Upon receipt of the Project Architect's Certificate for the Project Office Improvements, Tenant, Landlord, Tenant's Representative, Project Architect and Landlord's Representative Tenant shall jointly conduct a walk-through inspection of the Project Improvements Premises with Landlord and provide to Landlord a written punch-list specifying those decoration and other punch-list items which require completion, which items Landlord shall jointly prepare a punch list thereafter diligently complete and in any event completion must be satisfied within thirty ("Punch List"30) days of items needing additional work ("Punch List Items")the written punch-list; provided, however, the Punch List that Tenant shall be limited to items which are required by the Final Plansresponsible, Change Orders at Tenant’s sole cost and any other changes agreed to by the parties. Landlord shall cause the Punch List Items expense, for the Project Improvements remediation of any items on the punch-list caused by Tenant’s acts or omissions. In the absence of a walk-through, Tenant shall provide a list of repair items to be promptly completed with all commercially reasonable diligence and a permanent certificate Landlord within fifteen (15) days after such substantial completion, which Landlord agrees to complete within thirty (30) days after Landlord’s receipt of occupancy to be issued without delaysame.

Appears in 1 contract

Samples: Work Letter Agreement (Gigamon LLC)

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