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

Substantial Completion; Punch-List. As used in this Lease, “Substantial Completion” means the earlier to occur of the 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 Additional Premises Tenant Improvements, (b) the date a Certificate of Occupancy is issued for the Additional Premises, and (c) if a Certificate of Occupancy is not required, the date Tenant is reasonably able to take occupancy of the 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 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. Landlord will cause the items listed on the Punch List to be completed with commercially reasonable diligence and 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 this Lease (other than Tenant’s obligation to pay Additional Premises’Base Rent).

Substantial Completion; Punch-List. As used in this Lease, “Substantial Completion” means the earlier to occur of the 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 Additional Premises Tenant Improvements, (b) the date a Certificate of Occupancy is issued for the Additional Premises, and (c) if a Certificate of Occupancy is not required, the date Tenant is reasonably able to take occupancy of the 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 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. Landlord will cause the items listed on the Punch List to be completed with commercially reasonable diligence and 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 this Lease (other than Tenant’s obligation to pay Additional Premises’Base Premises Base Rent).

Substantial Completion; Punch-List. As used in this Lease, “The Tenant Improvements will be ---------------------------------- deemed to be substantially completed ("Substantial Completion” means the earlier to occur of the following") when: (a) Landlord is able to provide Tenant with reasonable access to 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 Additional Premises Tenant Improvements, Premises; (b) when the date a Certificate Space Planner certifies to Tenant and Landlord that the Contractor has substantially performed all of Occupancy is issued for the Additional PremisesTenant Improvement Work required to be performed by Landlord under this Work Letter substantially in accordance with the Final Plans, other than minor "punch-list" type items and adjustments which do not materially interfere with Tenant's access to or use of the Premises (the "Punch List"); (c) if Contractor has obtained a Certificate temporary certificate of Occupancy is not required, occupancy or other required equivalent approval from the date Tenant is reasonably able to take local governmental authority permitting occupancy of the Additional Premises; provided that if either (a), (bd) or (c) is delayed or prevented because the construction of work Tenant is responsible for performing in the Additional Premises, “Substantial Completion” means base building structure and the date that all installation of Landlord’s work which is necessary for either (a), (b) or (c) to occur has the base building systems have been performed substantially in accordance with the Outline Specifications and Landlord has made such systems are operational, subject to any Punch List items; provided, however, that while the Additional Premises available elevators may not be Substantially Complete, they will be operational and at least one of the elevators will be Substantially Complete no more than two (2) weeks following the Commencement Date, with the second elevator to Tenant for the performance of Tenant’s work. Within be completed 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, Landlord and Tenant will inspect conduct a walkthrough inspection of the Additional Premises with Landlord, Tenant's Representative and develop the Contractor, and the parties will jointly prepare a written Punch List. List specifying those Punch List items which require completion, which items Landlord will cause the items listed on the Punch List Contractor to be completed with commercially reasonable diligence and speedthereafter diligently complete, subject to Tenant Delay and 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 refuses takes occupancy prior to inspect completion of the Additional Premises with Landlord within the 30-day periodPunch List, Tenant is deemed it shall take possession subject 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 this Lease (other than Tenant’s obligation to pay Additional Premises’Base Rent)and in no event may Tenant interfere with or delay the completion of the Punch List.

Substantial Completion; Punch-List. As used in this Lease, The Tenant Improvements will be deemed to be substantially completed (“Substantial Completion”) when the Tenant Improvements have been substantially completed, other than minor “punch-list” means type items and adjustments which do not materially interfere with the earlier to occur occupation of the followingLeased Premises by Tenant and that: (ai) Landlord is able to provide Tenant with reasonable access to the issuance Leased Premises; (ii) Contractor has substantially completed all of all final unconditional approvals the Landlord Improvements and green tags 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 (“Punch List Items”); and (iii) Contractor has obtained a temporary certificate of occupancy or other required equivalent approval from the local governmental authority exercising jurisdiction over the Additional Premises Tenant Improvements signifying the final and unconditional acceptance and approval of the Additional Premises Tenant Improvements, (b) the date a Certificate of Occupancy is issued for the Additional Premises, and (c) if a Certificate of Occupancy is not required, the date Tenant is reasonably able to take permitting occupancy of the Additional Leased Premises; provided that if either . Five (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 Landlord has made the Additional Premises available to Tenant for the performance of Tenant’s work. Within thirty (305) days after prior to Substantial Completion, Landlord and Tenant will inspect conduct a walk-through inspection of the Additional Premises with Landlord, Landlord’s Representative, Tenant’s Representative and develop 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 the Punch List. Landlord will cause the items listed on If Tenant takes occupancy prior to completion of the Punch List to be completed with commercially reasonable diligence and speedList, it shall take possession 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 this Lease (other than Tenant’s obligation to pay Additional Premises’Base Rent)and in no event may Tenant interfere with or delay the completion of the Punch List Items.

Substantial Completion; Punch-List. As used in this For purposes of the Lease, including for purposes of determining the Commencement Date “Substantial Completion” means the earlier to occur of the following: (a) Premises shall occur upon the issuance completion of all final unconditional approvals and green tags by construction of the governmental authority exercising jurisdiction over the Additional Premises Tenant Improvements signifying in the final Premises pursuant to the Approved Working Drawings, with the exception of any punchlist items and unconditional acceptance and approval any tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant. When Architect determines that the construction of the Additional Tenant Improvements has reached Substantial Completion with the exception of minor details of construction, installation, decoration, or mechanical adjustments, Landlord shall schedule a walk-through of the Premises to be attended by Contractor, Architect, Landlord and Tenant. Landlord and Tenant Improvements, (b) the date a Certificate of Occupancy is issued for the Additional Premisesshall agree upon, and (c) if Architect shall prepare, a Certificate of Occupancy is not required, the date Tenant is reasonably able to take occupancy of the 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 CompletionPunch List” means the date that all of Landlord’s work which is necessary for either (a), (b) or (c) to occur has been performed and Landlord has made the Additional Premises available to Tenant for the performance of Tenant’s work. Within within thirty (30) days after Substantial Completion, Landlord and Tenant will inspect identifying the Additional Premises and develop a Punch List. Landlord will cause corrective work of the items listed type commonly found on the an architectural Punch List with respect to the Tenant Improvements, which list shall be completed in accordance with commercially reasonable diligence industry standards and speedshall be based on whether such items were required by the approved Construction Drawings and Specifications. In the event a dispute arises as to whether an item is substantially completed, subject to Tenant Delay and Force Majeurethe parties shall abide by the decision made by Architect. If Tenant refuses to inspect the Additional Premises with Landlord within twenty (20) days after Landlord’s notice that the 30Premises is ready for the Punch List walk-day periodthrough, Tenant is deemed to have accepted the Additional Premises as delivered. Immediately after delivery of the Punch List, Landlord shall cause Contractor to commence the correction of Punch List items and diligently pursue such work to completion. The Punch List procedure to be followed by Landlord and Tenant will not occupy the Additional Premises before Substantial Completion without Landlord’s prior written consent, which consent Landlord may grant, withhold or condition shall 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 this Lease (other than no way limit Tenant’s obligation to pay Additional Premises’Base Rent)Rent as provided under the Lease.

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, “Substantial Completion” means the earlier subject to occur adjustment for Tenant Delay as set forth in Section 8 of the 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 Work Letter Rider. Upon receipt of the Additional Premises Tenant Project Architect's Certificate for the Project Improvements, (b) the date Tenant, Landlord, Tenant's Representative, Project Architect and Landlord's Representative shall jointly conduct a Certificate of Occupancy is issued for the Additional Premises, and (c) if a Certificate of Occupancy is not required, the date Tenant is reasonably able to take occupancy walk-through of the Additional Premises; provided that if either Project Improvements and shall jointly prepare a punch list (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 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. Landlord will cause the ") of items listed on 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 speed, subject a permanent certificate of occupancy 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 be issued 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 this Lease (other than Tenant’s obligation to pay Additional Premises’Base Rent)delay.

Substantial Completion; Punch-List. As used in For purposes of this LeaseSection, the Office Improvements shall be deemed to be “Substantial Completionsubstantially completed” means the earlier to occur of the followingwhen Landlord: (a) has substantially completed the issuance of all final unconditional approvals and green tags by the governmental authority exercising jurisdiction over the Additional Premises Tenant Office Improvements signifying in accordance with the final Plans for the Office Improvements, other than decoration and unconditional acceptance minor “punch-list” type items and approval adjustments which do not materially interfere with Tenant’s access to or use of the Additional Premises Tenant Improvements, Premises; and (b) has obtained inspection sign off on the date a Certificate of Occupancy is issued building permit for the Additional Premises, and (c) if a Certificate of Occupancy is not Office Improvements to the extent required, exclusive of any work to be performed by Tenant and permits and governmental approvals required for Tenant to operate at the date Tenant is reasonably able to take occupancy Premises. Within ten (10) days after such substantial completion of the Additional PremisesOffice Improvements, Tenant shall conduct a walk-through inspection of the 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 thereafter diligently complete and in any event completion must be satisfied within thirty (30) days of the written punch-list; provided provided, however, that if either (a)Tenant shall be responsible, (b) or (c) is delayed or prevented because of work Tenant is responsible for performing in the Additional Premisesat Tenant’s sole cost and expense, “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 Landlord has made the Additional Premises available to Tenant for the performance remediation of any items on the punch-list caused by Tenant’s workacts or omissions. Within In the absence of a walk-through, Tenant shall provide a list of repair items to Landlord within fifteen (15) days after such substantial completion, which Landlord agrees to complete within thirty (30) days after Substantial Completion, Landlord and Tenant will inspect the Additional Premises and develop a Punch List. Landlord will cause the items listed on the Punch List to be completed with commercially reasonable diligence and 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 receipt of this Lease (other than Tenant’s obligation to pay Additional Premises’Base Rent)same.

Substantial Completion; Punch-List. As used in this LeaseFor purposes of Section 8(a)(ii) above, “Substantial Completion” means the earlier Tenant Improvements will be deemed to occur of the followingbe "SUBSTANTIALLY COMPLETED" when Landlord: (a) is able to provide Tenant with reasonable access to 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 Additional Premises Tenant Improvements, Premises; (b) has substantially performed all of the date a Certificate Tenant 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) and minor "punch-list" type items and adjustments which do not materially interfere with Tenant's access to or use of Occupancy is issued for the Additional Premises, ; and (c) if a Certificate certificate of Occupancy is occupancy, temporary certificate of occupancy or final sign off for the Premises. Tenant acknowledges substantial completion will not requiredrequire completion of those items listed on Schedule "4" attached hereto, the date which Tenant is reasonably able to take acknowledges Landlord may complete after Tenant takes occupancy of the Additional Premises; provided that if either (a). If Landlord does not diligently pursue completion of such items after notice to Landlord and a reasonable opportunity to cure, (b) or (c) is delayed or prevented because Tenant shall have the right to pursue completion of work Tenant is responsible for performing in such items within the Additional Premises, “Substantial Completion” means the date that all of Premises at Landlord’s work which is necessary for either (a), (b) or (c) to occur has been performed 's expense and Landlord has made the Additional Premises available to shall reimburse Tenant for the performance of Tenant’s work. Within 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 Substantial Completiondelivery of the Premises to Tenant and again, within ten (10) days after Landlord completes the Schedule "4" items, Tenant and Tenant Landlord will inspect conduct a walk-through inspection of the Additional Premises and develop prepare a Punch List. written punch-list specifying those punch-list items which require completion, which items Landlord will cause the items listed on the Punch List to be completed with commercially reasonable diligence and 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 this Lease (other than Tenant’s obligation to pay Additional Premises’Base Rent)thereafter diligently complete.

Substantial Completion; Punch-List. As used in this LeaseFor purposes of Section 3(a)(ii) above, the Tenant Improvements shall be deemed to be “Substantial CompletionSubstantially Completed” means when Landlord: (i) the earlier to occur substantial completion of construction of the 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 required for Tenant to reasonably occupy and conduct its business in the final and unconditional acceptance and approval of the Additional Premises Tenant Improvements, (b) the date a Certificate of Occupancy is issued for the Additional Premises, and with the exception of any Punch List Items (c) if a Certificate of Occupancy is not required, the date Tenant is reasonably able to take occupancy of the Additional Premises; provided that if either (adefined below), (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 Punch List Items shall be diligently completed by Landlord has made the Additional Premises available to Tenant for the performance of Tenant’s work. Within not later than thirty (30) days after Substantial Completionthereafter; provided, however, that Tenant shall be responsible, at Tenant’s sole cost and expense, for the remediation of any Punch-List Items caused by Tenant’s negligent or wrongful acts or omissions; (ii) all of the Building Operating Systems are fully operational in accordance with the Lease; (iii) if required, a temporary certificate of occupancy (or jurisdictional equivalent) for the Building and the Tenant Improvements has been issued by the applicable governmental authority; (iv) Landlord is able to provide parking for Tenant sufficient to satisfy the parking requirements under the Lease; (v) Landlord is able to provide Tenant reasonable and continuous ingress and egress to and from the parking areas, the Premises, the Building and the Project, and (vi) continuous and uninterrupted power is available to the Premises. The term “Punch List Items” shall mean minor items of completion, correction or repair with respect to the Tenant Improvements, which by their nature will not interfere with, or impair in any material respect, Tenant’s use or occupancy of the Premises for the purposes contemplated under the Lease, and which can reasonably be expected to 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 will inspect shall conduct a final walk-through of the Additional Premises and develop a Punch List. Landlord will cause not earlier than ten (10) days earlier than the items listed on expected date(s) the Punch List Tenant Improvements are to be completed with commercially reasonable diligence and speed, subject Substantially Completed as specified by written notice from Landlord 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 this Lease (other than Tenant’s obligation to pay Additional Premises’Base Rent).