Common use of Substantial Completion Clause in Contracts

Substantial Completion. ‌ 9.7.1 When Contractor gives notice to City that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion. 9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by City.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice to City that 9.8.1 Substantial Completion is the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that stage in the progress of the Work when the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional in accordance with the Contract Documents and as certified by the Architect so the Owner can occupy or Construction Manager will inspect utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or such designated a portion thereofthereof which the Owner agrees to accept separately, and is substantially complete, the Contractor shall prepare and give submit to Contractor the Architect a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completioncorrected. The Contractor shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the Contractor's list, the Architect will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If Citythe Architect's inspection discloses any item, whether or not included on the Contractor's list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance is not in accordance with the requirements of the Certificate of Substantial CompletionContract Documents, complete or correct such item. Contractor shall then submit As a request for another inspection by City result of the inspection, the Architect may generate an additional list of items to determine Substantial Completion. 9.7.2 be completed or corrected. When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the Completion, shall establish responsibilities of City the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, completion of minor and shall fix the time within which the Contractor shall finish all items and correction or repair of on the Work or such designated portion thereof. Unless otherwise provided in list accompanying the Certificate which shall identify all non-conforming, defective and incomplete Work and establish the date of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined commencement of warranties in Article 12, Section 12.2.1), or connection with any such designated portion thereof covered Work. Warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or such designated portion thereofthereof unless otherwise provided in the Certificate of Substantial Completion. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Certificate of Substantial Completion will begin on shall be submitted to the later Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the date they are operational Work or Acceptance designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting approved adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. 9.8.4 The contractor shall submit at substantial completion, three (3) copies of the Project by Citya certificate from each manufacturer's technical representatives that all Plumbing, HVAC and Electrical equipment and material have been installed properly and that all warranties and guarantees will be valid.

Substantial Completion. ‌(a) The Date of Substantial Completion of the Work, or designated portion of the Work, is the date certified by the Architect/Engineer when construction is sufficiently completed in accordance with the City Of Xxxxxx General Conditions For Building Construction. 9.7.1 (a) the Contract Documents such that the Owner may beneficially occupy and use the Work, or designated portions of the Work, for the purposes for which it is intended and only trivial and insignificant items remain which do not affect the Work as a whole. (b) When the Prime Contractor gives notice to City considers that the Work, or the portion thereof designated by City for separate deliveryof the Work which the Owner agrees to accept separately, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and Prime Contractor shall prepare and give submit to Contractor the Architect/Engineer a comprehensive list of items, if any, remaining items to be completed or corrected before establishing Substantial Completioncorrected. The Prime Contractor shall proceed promptly proceed to complete and correct items on the list (hereinafter called the “punch list”). Failure to include an item on such the punch list does not alter the responsibility of the Prime Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the punch list, the Architect/Engineer will then make a further an inspection to determine whether the Work Work, or such designated portion thereof of the Work, is Substantially Complete. If City's the Architect/Engineer’s inspection discloses any item, whether or not included on the punch list, which must be completed or corrected before Substantial Completion, is not in accordance with the requirements of the Contract Documents and which renders the Work inspected not Substantially Complete the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemthe item upon notification by the Architect/Engineer. The Prime Contractor shall then submit a request for another inspection by City the Architect/Engineer to determine Substantial Completion. 9.7.2 . When City determines that the Work or such designated portion thereof of the Work is Substantially Complete, City the Architect/Engineer will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion Completion, shall establish responsibilities of the Owner and the responsibilities of City and Prime Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, completion of minor and shall fix the time within which the Prime Contractor shall finish all items and correction or repair of on the Work or such designated portion thereof. Unless otherwise provided in punch list accompanying the Certificate. (c) The Certificate of Substantial Completion, Completion shall be submitted to the Guarantee To Repair Period Owner and the Prime Contractor for their written acceptance of responsibilities assigned to them in the Work Certificate. (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of d) Upon Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period thereof and upon application by the Prime Contractor and certification by the Architect/Engineer, the Owner shall make payment, reflecting adjustment in retainage, if any, for systems which become fully operational the Work, or Accepted subsequent to Substantial Completion will begin on the later portion of the date they are operational or Acceptance of Work, as provided in the Project by CityContract Documents.

Substantial Completion. ‌ 9.7.1 When the Contractor gives notice to City considers that the Work, or a portion thereof designated by City for separate deliverythereof, which the Owner agrees to accept separately, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and Contractor shall prepare and give submit to Contractor the Architect a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completionand corrected. The Contractor shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such the list does not alter relieve the Contractor of the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the Contractor's list, the Architect will then make a further inspection to an inspection, and with the approval of the Owner, determine whether the Work Work, or such designated portion thereof thereof, is Substantially Complete. If Citythe Architect's inspection discloses any item, whether or not included on the Contractor's list, which must be completed or corrected before Substantial Completionis not in accordance with the requirements of the Contact Documents, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Architect. The Contractor shall then submit a may request for another inspection additional inspections by City the Architect as may be reasonable to determine when Substantial Completion. 9.7.2 Completion has been achieved. When City determines that the Work or such designated portion thereof thereof, is Substantially Complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the shall establish responsibilities of City the Owner and Contractor for securityfor: • Security • Maintenance • Water, maintenancesewer, heat, utilities, insurance, completion electric and other utilities • Damages to the Work; and • Insurance Responsibilities The Certificate shall also establish the time within which the Contractor shall finish all items on the list of minor items and correction incomplete Work or repair corrections otherwise necessary to meet the requirements of the Work Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion, or such designated portion thereof. Unless , unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the . The Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Completion shall commence on be submitted to the date Owner and Contractor for their written acceptance of responsibilities assigned to each. Upon Substantial Completion of the Work Work, or such designated portion thereof. The Guarantee To Repair Period , and upon application by the Contractor, certification by the Architect, and approval by the Owner, the Owner shall make payment, reflecting adjustment in retainage, if any, for systems which become fully operational such Work or Accepted subsequent to Substantial Completion will begin on portion thereof as provided in the later of the date they are operational or Acceptance of the Project by CityContract Documents.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice 10.5.1 The Construction Manager shall notify the Owner and, if directed, the Design Professional when it considers Substantial Completion of the Work or a designated portion to City that have been achieved. The Owner, with the assistance of its Design Professional, shall promptly conduct an inspection to determine whether the Work or designated portion can be occupied or used for its intended use by the Owner without excessive interference in completing any remaining unfinished Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City . If the Owner determines that the Work or designated portion thereof is has not sufficiently complete to warrant an inspection to determine reached Substantial Completion, the Owner, with the assistance of its Design Professional or Construction Manager will inspect the WorkProfessional, or such designated portion thereof, and prepare and give to Contractor shall promptly compile a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completionso the Owner may occupy or use the Work or designated portion for its intended use. Contractor The Construction Manager shall promptly proceed to complete and correct all items on the list. Failure to include an item on such list does not alter the responsibility . 10.5.2 When Substantial Completion of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such a designated portion thereof is Substantially Complete. If City's inspection discloses any itemachieved, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor Owner shall then submit a request for another inspection by City to determine Substantial Completion. 9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish establishing the date of Substantial Completion and the respective responsibilities of City the Owner and Contractor Construction Manager for interim items such as security, maintenance, heat, utilities, insurance, and damage to the Work, and fixing the time for completion of minor all items on the list accompanying the Certificate. The Certificate of Substantial Completion shall be issued by the Owner to the Construction Manager and correction or repair to the Design Professional for notice of responsibilities assigned in the Work or such designated portion thereof. Certificate of Substantial Completion. 10.5.3 Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or such a designated portion thereofportion. 10.5.4 At any time after all or any part of the work is substantially completed in accordance with subsection 10.5.1 above, the Construction Manager may request the release of all or part of the retainage owed in accordance with the provisions of sections 262.34, Code of Iowa. The Guarantee To Repair Period Any request for systems which become fully operational or Accepted subsequent to Substantial Completion will begin release of retainage under this section 10.5.4 must be submitted on the later form supplied by the Owner. In addition to any requirements under Iowa Code section 262.34 or other applicable law, such request shall be accompanied by (a) subcontractor claim releases and/or waiver of claim rights for all portions of the date they are operational or Acceptance Work for which release of retainage is requested on the Owner’s form, and (b) the written consent of any surety to payment of the Project balance due for portions of the Work that are fully completed and accepted. Any request for release of retainage must be submitted to the individual designated by Citythe Owner as its representative. Any request for release of retainage that does not conform with the requirements of this subsection 10.5.4 is deemed denied for failure to comply with the requirements of this Agreement.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice to City that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion. 9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by City.

Substantial Completion. ‌ 9.7.1 When the Job Order Contractor gives notice to City that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines considers that the Work or designated portion thereof is not sufficiently complete related to warrant an inspection to determine a Job Order has reach Substantial Completion, Design Professional or Construction it shall submit a request to the City’s Project Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor for a comprehensive list certificate of items, if any, to be completed or corrected before establishing Substantial Completion. Substantial Completion must occur not later than the date set forth in the applicable Job Order, subject to modification by changes in the Contract Time according to this Article 4. A prerequisite for Substantial Completion, over and above the extent of construction completion required, is receipt by the City of acceptable documentation that Job Order Contractor has successfully tested and demonstrated all systems for their intended uses. The City shall determine when the Job Order Contractor’s Work is substantially complete. The Substantial Completion date shall be confirmed by a Certificate of Substantial Completion signed by the City and Job Order Contractor. The Certificate of Substantial Completion shall state the respective responsibilities of the City and the Job Order Contractor for security, maintenance and damage to the work and insurance. The Certificate of Substantial Completion shall also include the Punch List as created by the Job Order Contractor and modified by the City and establish the time for completion and correction of all Punch List items. The Job Order Contractor shall proceed promptly proceed to complete and correct items on the listPunch List items. Failure to include an item on such list the Punch List does not alter the responsibility of the Job Order Contractor to complete all Work in accordance with the Contract Documents. If the City will then make a further inspection and the Job Order Contractor cannot agree as to determine whether the Work appropriate Substantial Completion date, such issue shall be submitted for dispute resolution in accordance with the procedures set forth in Article 18 below. Notwithstanding such disagreement, the Job Order Contractor shall diligently proceed with completion of the Punch List items. Warranties required by the Contract Documents shall commence on the Substantial Completion date or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion. 9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by CityContract Documents.

Substantial Completion. ‌ 9.7.1 When the Contractor gives notice to City considers that the Work, or a portion thereof designated by City for separate deliverythereof, which the Owner agrees to accept separately, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and Contractor shall prepare and give submit to Contractor the Architect a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completionand corrected. The Contractor shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such the list does not alter relieve the Contractor of the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the Contractor's list, the Architect will then make a further inspection to an inspection, and with the approval of the Owner, determine whether the Work Work, or such designated portion thereof thereof, is Substantially Complete. If Citythe Architect's inspection discloses any item, whether or not included on the Contractor's list, which must be completed or corrected before Substantial Completionis not in accordance with the requirements of the Contact Documents, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Architect. The Contractor shall then submit a may request for another inspection additional inspections by City the Architect as may be reasonable to determine when Substantial Completion. 9.7.2 Completion has been achieved. When City determines that the Work or such designated portion thereof thereof, is Substantially Complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the shall establish responsibilities of City the Owner and Contractor for securityfor:  Security  Maintenance  Water, maintenancesewer, heat, utilities, insurance, completion electric and other utilities  Damages to the Work; and  Insurance Responsibilities The Certificate shall also establish the time within which the Contractor shall finish all items on the list of minor items and correction incomplete Work or repair corrections otherwise necessary to meet the requirements of the Work Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion, or such designated portion thereof. Unless , unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the . The Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Completion shall commence on be submitted to the date Owner and Contractor for their written acceptance of responsibilities assigned to each. Upon Substantial Completion of the Work Work, or such designated portion thereof. The Guarantee To Repair Period , and upon application by the Contractor, certification by the Architect, and approval by the Owner, the Owner shall make payment, reflecting adjustment in retainage, if any, for systems which become fully operational such Work or Accepted subsequent to Substantial Completion will begin on portion thereof as provided in the later of the date they are operational or Acceptance of the Project by CityContract Documents.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice The Landlord Work shall be deemed to City be “Substantially Complete” on the date that all Landlord Work (other than any details of construction, mechanical adjustment or any other similar matter, the Worknoncompletion of which does not materially interfere with Tenant’s use or occupancy of the Premises) has been performed and Landlord has received a certificate of occupancy, temporary certificate of occupancy, final inspection approval, or portion thereof designated other governmental approval required for occupancy of the Premises. Time is of the essence in connection with the obligations of Landlord and Tenant under this Work Letter. Landlord shall not be liable or responsible for any claims incurred (or alleged) by City Tenant due to any delay in achieving Substantial Completion for separate deliveryany reason. Prior to or not later than five (5) Business Days after the date upon which the Premises are delivered to Tenant, is Substantially Complete, unless City determines that a representative of Landlord and a representative of Tenant shall walk through the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, Premises and jointly prepare and give to Contractor a comprehensive list of itemsminor items which, if anyin the mutual opinion of Landlord and Tenant, to be have not been fully completed or corrected before establishing Substantial Completionwhich require repair (the “Punch List Items”). Contractor Landlord shall promptly proceed cause its contractor to complete and correct items on or repair the list. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion. 9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish Punch List Items within 30 days after the date of Substantial Completion and the responsibilities “walk-through” (or such long period as may be required if such work cannot reasonably be completed within such thirty (30) day period). Tenant shall not be entitled to any abatement of City and Contractor for security, maintenance, heat, utilities, insurance, any rental obligations as pertains to the Premises pending completion of minor items and correction or repair the Punch List Items. If Tenant is unable to participate in a walk-through of the Work or such designated portion thereof. Unless otherwise provided in Premises, as described herein, prior to taking occupancy, Landlord shall have the Certificate of Substantial Completion, the Guarantee To Repair Period right to conduct a walk-through with Landlord’s contractor for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by purpose of verifying the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion condition of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent Premises prior to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by CityTenant’s move-in activities.

Substantial Completion. ‌(a) The Date of Substantial Completion of the Work, or designated portion of the Work, is the date certified by the Architect/Engineer when construction is sufficiently completed in accordance with the City Of Xxxxxx General Conditions For Building Construction. 9.7.1 (a) the Contract Documents such that the Owner may beneficially occupy and use the Work, or designated portions of the Work, for the purposes for which it is intended and only trivial and insignificant items remain which do not affect the Work as a whole. (b) When the Contractor gives notice to City considers that the Work, or the portion thereof designated by City for separate deliveryof the Work which the Owner agrees to accept separately, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and Contractor shall prepare and give submit to Contractor the Architect/Engineer a comprehensive list of items, if any, remaining items to be completed or corrected before establishing Substantial Completioncorrected. The Contractor shall proceed promptly proceed to complete and correct items on the list (hereinafter called the “punch list”). Failure to include an item on such the punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the punch list, the Architect/Engineer will then make a further an inspection to determine whether the Work Work, or such designated portion thereof of the Work, is Substantially Complete. If City's the Architect/Engineer’s inspection discloses any item, whether or not included on the punch list, which must be completed or corrected before Substantial Completion, is not in accordance with the requirements of the Contract Documents and which renders the Work inspected not Substantially Complete the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemthe item upon notification by the Architect/Engineer. The Contractor shall then submit a request for another inspection by City the Architect/Engineer to determine Substantial Completion. 9.7.2 . When City determines that the Work or such designated portion thereof of the Work is Substantially Complete, City the Architect/Engineer will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion Completion, shall establish responsibilities of the Owner and the responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, completion of minor and shall fix the time within which the Contractor shall finish all items and correction or repair of on the Work or such designated portion thereof. Unless otherwise provided in punch list accompanying the Certificate. (c) The Certificate of Substantial Completion, Completion shall be submitted to the Guarantee To Repair Period Owner and the Contractor for their written acceptance of responsibilities assigned to them in the Work Certificate. (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of d) Upon Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period thereof and upon application by the Contractor and certification by the Architect/Engineer, the Owner shall make payment, reflecting adjustment in retainage, if any, for systems which become fully operational the Work, or Accepted subsequent to Substantial Completion will begin on the later portion of the date they are operational or Acceptance of Work, as provided in the Project by CityContract Documents.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice to City “Substantial Completion” or “Substantially Complete” means that Landlord’s Work has been sufficiently completed such that the WorkPremises is suitable for its intended purpose, notwithstanding any minor or portion insubstantial details of construction, decoration or mechanical adjustment that remain to be performed (“Punch List Items”). Landlord shall complete all Punch List Items following notice thereof designated by City for separate deliveryfrom Tenant; provided, however, that except to the extent to which Tenant shall have given Landlord notice of any Punch List Items not later than ten (10) business days after the Commencement Date, Tenant shall be deemed conclusively to have approved the completion of Landlord’s Work and Tenant shall have no claim that Landlord has failed to perform any of Landlord’s Work required under this Work Letter. In the event there is Substantially Complete, unless City determines a delay in the Substantial Completion of the Landlord’s Work such that the Work or designated portion thereof Commencement Date does not occur on the date that is 15 weeks from the delivery of the construction permits, and such delay is not sufficiently complete caused by a Tenant Delay, additional municipal delay including but not limited to warrant an inspection to determine Substantial Completioninspections, Design Professional Force Majeure or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list of long lead time items, if anyso long as the Tenant has the opportunity to substitute a long lead time item with materials that are readily available once notified by the Landlord, then as Tenant’s sole remedy, Landlord shall pay to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed Tenant, as liquidated damages, an amount equal to complete and correct items $1,000.00 on the list. Failure to include an item on such list does not alter the responsibility of Contractor to complete all a per diem basis until Landlord’s Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses Notwithstanding the foregoing or any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance language of the Certificate of Substantial CompletionLease to the contrary, complete or correct such item. Contractor if Landlord’s Work is delayed by a Tenant Delay then Tenant shall then submit a request for another inspection by City to determine Substantial Completion. 9.7.2 When City determines that begin paying Rent as required under the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later Lease as of the date they are operational or Acceptance of the Project by CityCommencement Date would have occurred but for such Tenant Delay.

Substantial Completion. ‌4.1.1 Substantial Completion shall be for the entire Project unless a partial Substantial Completion is identified in the approved GMP schedule and stated in the Notice to Proceed letter or as may be mutually agreed by the parties in writing. Substantial Completion shall be in accordance with its definition in Article 1 and with the criteria set forth in the Notice to Proceed. 9.7.1 When Contractor gives notice 4.1.2 Prior to notifying the City that the Workin accordance to Section 4.1.3 below, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that XXXX shall inspect the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give submit to Contractor the City a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completioncorrected. Contractor XXXX shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor XXXX to complete all Work in accordance with the Contract Documents. . 4.1.3 XXXX shall notify City will then make when it believes the Work, or to the extent permitted in the Contract Documents, a further inspection to determine whether portion of the Work or such designated portion thereof Work, is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before substantially complete. 4.1.4 Within five (5) days of City’s issuance receipt of XXXX’x notice, the City and XXXX shall jointly inspect such Work to verify that it is substantially complete in accordance with the requirements of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial CompletionContract Documents. 9.7.2 When City determines that the 4.1.5 If such Work or such designated portion thereof is Substantially Completesubstantially complete, City will shall prepare and issue a Certificate of Substantial Completion on City's form, which when signed by City that shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work set forth (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on i) the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period , (ii) the remaining items of Work that have to be completed within thirty (30) calendar days before Final Acceptance, (iii) provisions (to the extent not already provided in the Contract Documents) establishing City’s and XXXX’x responsibility for systems the Project’s security, maintenance, utilities and insurance pending Final Acceptance and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. 4.1.6 City, at its option, may use a portion of the Work which become fully operational or Accepted subsequent has been determined to be substantially complete, provided, however, that (i) a Certificate of Substantial Completion will begin on has been issued for the later portion of Work addressing the items set forth in Section 4.1.5 above, (ii) XXXX and City have obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government authorities having jurisdiction over the Project, and (iii) City and XXXX agree that City’s use or occupancy shall not interfere with XXXX’x completion of the date they are operational or Acceptance of the Project by Cityremaining Work.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice to City that 9.8.1 Substantial Completion is the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that stage in the progress of the Work when the Work or designated portion thereof is not sufficiently complete in accordance with the Contract Documents, and when all required occupancy permits, if any, have been issued, so the Owner can occupy or utilize the Work for its intended use and all Work contemplated to warrant an inspection be performed under the Contract is completed other than "punch list" items. Material aesthetic details, as determined by Development Manager in its reasonable discretion, which have not been completed shall not be deemed "punch list" items and must be completed prior to determine Substantial Completion, Design Professional or Completion being deemed to have occurred. The Construction Manager will inspect shall secure and deliver to the Owner written warranties and guarantees from all of its Subcontractors, Sub-subcontractor and suppliers bearing the date of Substantial Completion or some other date as may be agreed by the Owner and stating the period of warranty as required by the Contract Documents. The Construction Manager is responsible for the warranty of all Work, whether performed by it or by its Subcontractors at any tier. 9.8.2 When the Construction Manager considers that the Work, or such designated a portion thereofthereof which the Owner agrees to accept separately, and is substantially complete, the Construction Manager shall prepare and give submit to Contractor the Architect a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed prior to complete and correct items on the listfinal payment. Failure to include an item on such list does not alter the responsibility of Contractor the Construction Manager to complete all Work in accordance with the Contract Documents. City . 9.8.3 Upon receipt of the Construction Manager's list, the Architect will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If Citythe Architect's inspection discloses any item, whether or not included on the Construction Manager's list, which must be completed is not sufficiently complete in accordance with the requirements of the Contract Documents, so that the Owner can occupy or corrected before Substantial Completionutilize the Work or designated portion thereof for its intended use, Contractor the Construction Manager shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Architect. Contractor In such case, the Construction Manager shall then submit a request for another inspection by City the Architect to determine Substantial Completion. 9.7.2 9.8.4 When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the Completion, shall establish responsibilities of City the Owner and Contractor Construction Manager for security, maintenance, heat, utilities, damage to the Work and insurance, completion of minor and shall fix the time within which the Construction Manager shall finish all items and correction or repair of on the Work or such designated portion thereoflist accompanying the Certificate. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Development Manager and Construction Manager for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. The Guarantee To Repair Period Such payment shall be adjusted for systems which become fully operational Work that is incomplete or Accepted subsequent to Substantial Completion will begin on not in accordance with the later requirements of the date they are operational or Acceptance of the Project by CityContract Documents.

Substantial Completion. ‌ 9.7.1 30.1.1 When the Contractor gives notice to City considers that the Work, Work or a portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines the Contractor shall request an inspection of said Work in writing to the Construction Administrator. The request shall certify that the Contractor has completed its own inspection prior to the request and that the Contractor is compliant with all requirements of Section 01 77 00 of the General Requirements. The request must also include a statement that a principal or senior executive of the Contractor is ready, willing and able to attend a walk through inspection with the Architect or Engineer. 30.1.2 Upon receipt of the request, the Architect or Engineer, Construction Administrator and Owner, will make an inspection to determine if the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. A principal or senior executive of the Contractor shall accompany the Architect or Engineer during each inspection/re-inspection. If City's the inspection discloses any item, whether or not included on the inspection list, which must be completed or corrected before Substantial Completionis not in accordance with the requirements of the Contract Documents, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. . 30.1.3 The Contractor shall then submit a request for another inspection. The determination of Substantial Completion is solely within the discretion of the Owner. Any costs for re-inspection beyond one, shall be at the expense of the Contractor and such costs will be recovered by City to determine Substantial Completion. 9.7.2 issuance of a credit Change Order. When City determines that the Work or such designated portion thereof is determined to be Substantially Complete, City the Contractor will prepare be provided a Certificate of Substantial Completion on City's form, which when signed by City from the Owner. The Certificate of Substantial Completion shall establish the date of Substantial Completion and when the responsibilities of City and the Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance, completion of minor are transferred to the Owner and shall fix the time within which the Contractor shall finish all items on the inspection list accompanying the Certificate. If the punch list is not complete in 90 Days, the Owner reserves the right to complete the outstanding punch list items with their own forces or by awarding separate contracts and correction or repair of to deduct the Work or such designated portion thereof. Unless otherwise provided in cost thereof from the amounts remaining due to the Contractor. 30.1.4 The Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Completion shall be signed by the Certificate of Substantial CompletionConstruction Administrator, excluding any systems provided by Separate Contractors which are not yet fully operational Owner, and Architect or accepted by City, shall commence on the date of Engineer. Upon Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period thereof and upon application by the Contractor and certification by the Construction Administrator and Architect or Engineer, the Owner shall make payment reflecting adjustment in Retainage, if any, for systems which become fully operational such Work or Accepted subsequent to Substantial Completion will begin on portion thereof as provided in the later of the date they are operational or Acceptance of the Project by CityContract Documents.

Substantial Completion. ‌15.5.1 Substantial Completion is the stage in the progress of the Work when the Work or specified portion thereof is sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work for its proposed use. 9.7.1 15.5.2 When the Contractor gives notice to City considers that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated a specified portion thereof, and which the City agrees to accept separately, is substantially complete, the Contractor shall prepare and give submit to Contractor the Professional a comprehensive thorough and inclusive list of items, if any, items to be completed or corrected before establishing Substantial Completioncorrected. The Contractor shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such this list does not alter relieve the Contractor of the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the Contractor’s list, the Professional and Project Manager will then make a further inspection visit the site to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If City's inspection the Professional’s and the Project Manager’s visit discloses any item, whether or not included on the Contractor’s list, which must be completed or corrected before Substantial Completionis not in accordance with the requirements of the Contract Documents, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item, upon notification by the Professional. The Contractor shall then submit a request for another inspection visit by City the Professional to determine Substantial Completion. 9.7.2 . When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City the Professional will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, and shall fix the Guarantee To Repair Period for time within which the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Document shall commence on the date of Substantial Completion of the Work or such designated portion thereofthereof unless otherwise provided in the Certificate of Substantial Completion. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Certificate of Substantial Completion will begin shall be submitted to the Contractor for their written acceptance and then to the City for acceptance and issuance. 15.5.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Professional, the City shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. 15.5.4 The City shall have the right to exclude the Contractor from the Work after the date of Substantial Completion, but the City shall allow the Contractor reasonable access to complete or correct items on the later of the date they are operational or Acceptance of the Project by Citylist.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice to City that the Work, entire Work (or any portion thereof designated in writing by City City) is ready for separate deliveryits intended use, is Substantially Complete, unless City determines Construction Manager shall notify City’s Representative and Architect/Engineer in writing that the entire Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, (or such designated portion thereofportion) is substantially complete and request that Architect/Engineer prepare a Certificate of Substantial Completion (or a Certificate of Partial Substantial Completion), and prepare and give to Contractor a comprehensive copy of which is attached as Exhibit “D”. Said written notice from Construction Manager shall include a proposed punch list of items, if any, all items of Work to be completed or corrected before establishing by Construction Manager. Within a reasonable time thereafter, City’s Representative, Construction Manager and Architect/Engineer shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If City’s Representative and Architect/Engineer do not consider the Work (or designated portion) substantially complete, Architect/Engineer shall notify Construction Manager in writing giving the reasons therefore. If City and Architect/Engineer consider the Work (or designated portion) substantially complete, Architect/Engineer shall deliver to Construction Manager the Certificate of Substantial Completion (or Certificate of Partial Substantial Completion. Contractor ) which shall promptly proceed fix the date Substantial Completion for the entire Work (or designated portion thereof) is actually achieved by Construction Manager and include a final punch list of items to complete and correct items on the listbe completed or corrected by Construction Manager before final payment. Failure to include an item on such list the final Punch List does not alter waive City’s right to demand completion of the responsibility of Contractor item pursuant to complete all Work in accordance with the Contract Documents. City will then make a further inspection Documents prior to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completionafter final payment. 9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by City.

Substantial Completion. ‌ 9.7.1 When the Contractor gives notice to City considers that the Work, or a portion thereof designated by City for separate deliverythereof, which the Owner agrees to accept separately, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and Contractor shall prepare and give submit to Contractor the Engineer a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completionand corrected. The Contractor shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such the list does not alter relieve the Contractor of the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the Contractor's list, the Engineer will then make a further inspection to an inspection, and with the approval of the Owner, determine whether the Work Work, or such designated portion thereof thereof, is Substantially Complete. If City's the Engineer’s inspection discloses any item, whether or not included on the Contractor's list, which must be completed or corrected before Substantial Completionis not in accordance with the requirements of the Contact Documents, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Engineer. The Contractor shall then submit a may request for another inspection additional inspections by City the Engineer as may be reasonable to determine when Substantial Completion. 9.7.2 Completion has been achieved. When City determines that the Work or such designated portion thereof thereof, is Substantially Complete, City the Engineer will prepare a Certificate Notice of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the shall establish responsibilities of City the Owner and Contractor for securityfor: • Security • Maintenance • Water, maintenancesewer, heat, utilities, insurance, completion electric and other utilities • Damages to the Work; and • Insurance Responsibilities The Certificate shall also establish the time within which the Contractor shall finish all items on the list of minor items and correction incomplete Work or repair corrections otherwise necessary to meet the requirements of the Work Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion, or such designated portion thereof. Unless , unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the . The Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Completion shall commence on be submitted to the date Owner and Contractor for their written acceptance of responsibilities assigned to each. Upon Substantial Completion of the Work Work, or such designated portion thereof. The Guarantee To Repair Period , and upon application by the Contractor, certification by the Architect, and approval by the Owner, the Owner shall make payment, reflecting adjustment in retainage, if any, for systems which become fully operational such Work or Accepted subsequent to Substantial Completion will begin on portion thereof as provided in the later of the date they are operational or Acceptance of the Project by CityContract Documents.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice § 9.8.1 Substantial Completion is the stage in the progress of the Work to City that the Work, or portion thereof designated by City be completed for separate delivery, is Substantially Complete, unless City determines that the a Phase when such Work or designated portion thereof is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize such Work for its intended use. § 9.8.2 When the Contractor considers that the Work to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Workbe completed for a Phase, or such designated a portion thereofthereof which the Owner agrees to accept separately, and is substantially complete, the Contractor shall prepare and give submit to Contractor the Architect a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed prior to complete and correct items on the listfinal payment for such Work. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work to be completed for the applicable Phase in accordance with the Contract Documents. City . § 9.8.3 Upon receipt of the Contractor's list, the Architect will then make a further an inspection to determine whether the Work to be completed for a Phase or such designated portion thereof is Substantially Completesubstantially complete. If Citythe Architect's inspection discloses any item, whether or not included on the Contractor's list, which must be completed is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or corrected before Substantial Completionutilize such Work or designated portion thereof for its intended use, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by City the Architect to determine Substantial Completion. 9.7.2 § 9.8.4 When City determines that the Work to be completed for a Phase or such designated portion thereof is Substantially Completesubstantially complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, for such Work which when signed by City shall establish the date of Substantial Completion and the for such Work, shall establish responsibilities of City the Owner and Contractor for security, maintenance, heat, utilities, damage to such Work and insurance, completion of minor and shall fix the time within which the Contractor shall finish all items and correction or repair of on the Work or such designated portion thereoflist accompanying the Certificate. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of such Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion for each Phase of the Work shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or such designated portion thereof. The Guarantee To Repair Period Such payment shall be adjusted for systems which become fully operational Work that is incomplete or Accepted subsequent to Substantial Completion will begin on not in accordance with the later requirements of the date they are operational or Acceptance of the Project by CityContract Documents.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice to City the Construction Manager considers that the Work, or portion thereof designated by City for separate delivery, Work is Substantially Complete, unless City determines that it shall submit a request to the Work or designated portion thereof is City’s Project Manager for a certificate of Substantial Completion. Substantial Completion shall occur not sufficiently complete later than the date set forth in the applicable GMP Amendment, subject to warrant an inspection modification by changes in the Contract Time according to determine Article 6 below. A prerequisite for Substantial Completion, Design Professional or over and above the extent of construction completion required, is receipt by the City of acceptable documentation that Construction Manager will inspect has successfully tested and demonstrated all systems for their intended use. In consultation with the WorkProject Designers, or such designated portion thereofthe City shall determine when the Project and the Construction Manager’s Work is substantially complete. The Substantial Completion date shall be confirmed by a Certificate of Substantial Completion signed by the City and Construction Manager. The Certificate of Substantial Completion shall state the respective responsibilities of the City and the Construction Manager for security, maintenance and prepare damage to the work and give to Contractor a comprehensive list insurance. The Certificate of Substantial Completion shall also include the Punch List as created by the Construction Manager and modified by the Project Designers in consultation with the City and establish the time for completion and correction of all Punch List items, if any, to be completed or corrected before establishing Substantial Completion. Contractor The Construction Manager shall proceed promptly proceed to complete and correct items on the listPunch List items. Failure to include an item on such list the Punch List does not alter the responsibility of Contractor the Construction Manager to complete all Work in accordance with the Contract Documents. If the City will then make a further inspection and the Construction Manager cannot agree as to determine whether the Work appropriate Substantial Completion date, such issue shall be submitted for dispute resolution in accordance with the procedures set forth in Article 13 below. Notwithstanding such disagreement, the Construction Manager shall diligently proceed with completion of the Punch List items. Warranties required by the Contract Documents shall commence on the Substantial Completion date or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion. 9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by CityContract Documents.

Substantial Completion. ‌ 9.7.1 12.1.1 When Contractor gives notice to City the Builder believes that the Work, or portion thereof designated by City for separate delivery, Work is Substantially Complete, unless City determines it shall notify the Owner and the Professional that the Work or designated portion thereof is not sufficiently complete ready for a Substantial Completion inspection. The Builder shall endeavor to warrant an give the Owner and the Professional notice two (2) weeks prior to the predicted Substantial Completion inspection to determine Substantial Completiondate(s). 12.1.2 Upon receipt of notification from the Builder, Design the Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance coordinate with the Contract Documents. City will then make a further inspection Owner and the Builder date(s) for inspection(s) of the Work to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item. 12.1.3 Prior to such inspections, whether the Builder shall develop a comprehensive list of known discrepancies, deficiencies, or not included on incomplete Work (i.e., the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City “punchlist”). 12.1.4 At inspection(s) to determine Substantial Completion. 9.7.2 When City determines that whether the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's formthe Professional, which when signed by City shall establish the date of Substantial Completion Commissioning consultant(s), the Owner, and other governing or concerned entities will: (i) inspect the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction Work; (ii) create or repair append punchlists; (iii) review the overall status of the Work and any outstanding or such designated portion thereofdeficient issues; and (iv) determine whether Substantial Completion of the Work has occurred. 12.1.5 If the Work is determined not to be Substantially Complete, the Work shall be prosecuted until the Work is Substantially Complete and the inspection process shall be repeated at no additional cost to the Owner until the Work is determined to be Substantially Complete. Unless otherwise provided in Builder will be responsible for costs of the Certificate Owner’s consultants associated with premature or failed inspections. 12.1.6 On or prior to the required date of Substantial Completion, the Guarantee To Repair Period Builder shall deliver to Owner reports, extra materials, and other necessary documents and items for the Owner’s occupancy and use of the Work for its intended purpose. These documents and items are enumerated on the Owner’s website (which is defined in Article 12xxx.xxxxxxxxxx.xxx.xxx). The Professional will review such documentation and items, Section 12.2.1)and will inform the Owner and the Builder of any deficiencies. 12.1.7 When the Owner, or such designated portion thereof covered by the Builder, and the Professional agree that the Work has passed Substantial Completion inspection(s) and the Builder has produced the required Substantial Completion documentation and items, they shall each sign the Owner’s standard Certificate of Substantial Completion form, declaring the Work Substantially Complete and establishing the actual date of Substantial Completion. The Certificate of Substantial Completion shall also be accompanied by a final, excluding any systems consolidated punchlist. 12.1.8 If the Work is commissioned through the services of a Commissioning consultant, such Commissioning – including functional performance tests – shall be completed as a pre-requisite to the Work being declared Substantially Complete, provided by Separate Contractors which are Builder shall not yet fully operational or accepted by City, be responsible for delays in Commissioning not the fault of Builder. 12.1.9 The Builder shall commence on provide the Owner with operation and maintenance documents not less than forty-five (45) calendar days prior to the required date of Substantial Completion to allow adequate time for review, correction, and training of the Work or such designated portion thereof. Owner’s personnel prior to Commissioning and the Owner’s occupancy of the Project. 12.1.10 The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent Builder shall meet with the Owner’s personnel prior to the required date of Substantial Completion will begin on the later to familiarize and train them with respect to maintenance and use of the Project. All training sessions shall be recorded (audio and visual), with copies provided to the Owner. 12.1.11 The date they are operational or Acceptance of Substantial Completion shall fix the Project by Citycommencement date of warranties and guaranties and allocate between the Owner and the Builder responsibility for security, utilities, damage to the Work, and insurance.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice to City that § 9.8.1 Substantial Completion is the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that stage in the progress of the Work when the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine in accordance with the Design-Build Documents so that the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion, Design Professional or Construction Manager will inspect Completion is the date certified by the Owner in accordance with this Section 9.8. § 9.8.2 When the Design-Builder considers that the Work, or such designated a portion thereofthereof which the Owner agrees to accept separately, and is substantially complete, the Design-Builder shall prepare and give submit to Contractor the Owner a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed prior to complete and correct items on the listfinal payment. Failure to include an item on such list does not alter the responsibility of Contractor the Design-Builder to complete all Work in accordance with the Contract Design-Build Documents. City will then . § 9.8.3 Upon receipt of the Design-Builder’s list, the Owner shall make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If City's the Owner’s inspection discloses any item, whether or not included on the Design-Builder’s list, which must be completed is not sufficiently complete in accordance with the Design-Build Documents so that the Owner can occupy or corrected before Substantial Completionutilize the Work or designated portion thereof for its intended use, Contractor the Design-Builder shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Owner. Contractor In such case, the Design-Builder shall then submit a request for another inspection by City the Owner to determine Substantial Completion. 9.7.2 § 9.8.4 Prior to issuance of the Certificate of Substantial Completion under Section 9.8.5, the Owner and § 9.8.5 When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City the Design-Builder will prepare for the Owner’s signature a Certificate of Substantial Completion on City's formthat shall, which when signed by City shall upon the Owner’s signature, establish the date of Substantial Completion and the Completion; establish responsibilities of City the Owner and Contractor Design-Builder for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Design-Builder shall finish all items on the list accompanying the Certificate. Warranties required by the Design-Build Documents shall commence on the § 9.8.6 The Certificate of Substantial Completion shall be submitted by the Design-Builder to acceptance of responsibilities assigned to it in the Certificate. Upon the Owner’s acceptance, completion any, the Owner shall make payment of minor items and correction or repair of retainage applying to the Work or such designated portion thereof. Unless otherwise provided th adjusted for Work that is incomplete or not in accordance with the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion requirements of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by City.Desig

Substantial Completion. ‌(a) The Date of Substantial Completion of the Work, or designated portion of the Work, is the date certified by the Architect/Engineer when construction is sufficiently completed in accordance with the City Of Xxxxxx General Conditions For Building Construction. DocuSign Envelope ID: 0B2E709F-1B68-46D3-B102-6A54CF462BF3 9.7.1 (a) the Contract Documents such that the Owner may beneficially occupy and use the Work, or designated portions of the Work, for the purposes for which it is intended and only trivial and insignificant items remain which do not affect the Work as a whole. (b) When the Prime Contractor gives notice to City considers that the Work, or the portion thereof designated by City for separate deliveryof the Work which the Owner agrees to accept separately, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and Prime Contractor shall prepare and give submit to Contractor the Architect/Engineer a comprehensive list of items, if any, remaining items to be completed or corrected before establishing Substantial Completioncorrected. The Prime Contractor shall proceed promptly proceed to complete and correct items on the list (hereinafter called the “punch list”). Failure to include an item on such the punch list does not alter the responsibility of the Prime Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the punch list, the Architect/Engineer will then make a further an inspection to determine whether the Work Work, or such designated portion thereof of the Work, is Substantially Complete. If City's the Architect/Engineer’s inspection discloses any item, whether or not included on the punch list, which must be completed or corrected before Substantial Completion, is not in accordance with the requirements of the Contract Documents and which renders the Work inspected not Substantially Complete the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemthe item upon notification by the Architect/Engineer. The Prime Contractor shall then submit a request for another inspection by City the Architect/Engineer to determine Substantial Completion. 9.7.2 . When City determines that the Work or such designated portion thereof of the Work is Substantially Complete, City the Architect/Engineer will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion Completion, shall establish responsibilities of the Owner and the responsibilities of City and Prime Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, completion of minor and shall fix the time within which the Prime Contractor shall finish all items and correction or repair of on the Work or such designated portion thereof. Unless otherwise provided in punch list accompanying the Certificate. (c) The Certificate of Substantial Completion, Completion shall be submitted to the Guarantee To Repair Period Owner and the Prime Contractor for their written acceptance of responsibilities assigned to them in the Work Certificate. (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of d) Upon Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period thereof and upon application by the Prime Contractor and certification by the Architect/Engineer, the Owner shall make payment, reflecting adjustment in retainage, if any, for systems which become fully operational the Work, or Accepted subsequent to Substantial Completion will begin on the later portion of the date they are operational or Acceptance of Work, as provided in the Project by CityContract Documents.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice 10.6.1 The Construction Manager shall notify the Owner and, if directed, the Design Professional when it considers Substantial Completion of the Work or a designated portion to City that have been achieved. The Owner, with the assistance of its Design Professional, shall promptly conduct an inspection to determine whether the Work or designated portion can be occupied or used for its intended use by the Owner without excessive interference in completing any remaining unfinished Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City . If the Owner determines that the Work or designated portion thereof is has not sufficiently complete to warrant an inspection to determine reached Substantial Completion, the Owner, with the assistance of its Design Professional or Construction Manager will inspect the WorkProfessional, or such designated portion thereof, and prepare and give to Contractor shall promptly compile a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completionso the Owner may occupy or use the Work or designated portion for its intended use. Contractor The Construction Manager shall promptly proceed to complete and correct all items on the list. Failure to include an item on such list does not alter the responsibility . 10.6.2 When Substantial Completion of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such a designated portion thereof is Substantially Complete. If City's inspection discloses any itemachieved, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor Construction Manager shall then submit a request for another inspection by City to determine Substantial Completion. 9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish establishing the date of Substantial Completion and the respective responsibilities of City the Owner and Contractor Construction Manager for interim items such as security, maintenance, heat, utilities, insurance, and damage to the Work, and fixing the time for completion of minor all items and correction or repair on the list accompanying the Certificate. The Certificate of Substantial Completion shall be submitted by the Work or such designated portion thereof. Construction Manager to the Owner and, if directed, to the Design Professional for written acceptance of responsibilities assigned in the Certificate of Substantial Completion. 10.6.3 Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or such a designated portion thereofportion. 10.6.4 Upon the Owner’s written acceptance of the Certificate of Substantial Completion, the Owner shall pay to the Construction Manager the remaining retainage held by the Owner for the Work described in the Certificate of Substantial Completion less a sum equal to two hundred percent (200%) of the estimated cost of completing or correcting remaining items on that part of the Work, as agreed to by the Owner and Construction Manager as necessary to achieve Final Completion. Uncompleted items shall be completed by the Construction Manager in a mutually agreed upon timeframe. The Guarantee To Repair Period Owner shall pay the Construction Manager monthly the amount retained for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by Cityunfinished items as each item is completed.

Substantial Completion. ‌ 9.7.1 When Contractor DBT gives notice to City that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor DBT a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor DBT shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor DBT to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor DBT shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor DBT shall then submit a request for another inspection by City to determine Substantial Completion. 9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor DBT for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by City.

Substantial Completion. ‌ 9.7.1 10.1. When Contractor Developer gives notice to the City that the Work, or portion thereof designated by City for separate delivery, Work is Substantially Completesubstantially complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completionsubstantial completion, Design Professional or Construction Manager City will inspect the Work, or such designated portion thereof, and prepare and give to Contractor Developer a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completionsubstantial completion. Contractor Developer shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor Developer to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If City's ’s inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completionsubstantial completion, Contractor Developer shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor Developer shall then submit a request require for another inspection by City to determine Substantial Completionsubstantial completion. 9.7.2 10.2. When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City will prepare a Certificate of Substantial Completion on City's ’s form, which when signed by City shall establish the date of Substantial Completion substantial completion and the responsibilities of City and Contractor Developer for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work Work, or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.117 below), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, thereof; shall commence on the date of Substantial Completion substantial completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted accepted subsequent to Substantial Completion substantial completion will begin on the later of the date they are operational or Acceptance acceptance of the Project Work by City.

Substantial Completion. ‌ 9.7.1 7.3.1 When Contractor gives notice to City that Construction Manager considers the Work, or a portion thereof designated by which the City for separate deliveryagrees to accept separately, is that Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and shall prepare and give submit to Contractor the Designer and the City a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed prior to complete and correct items on the listfinal payment. Failure to include an item on such list does not alter the responsibility of Contractor the Construction Manager to complete all Work in accordance with the Contract Documents. . 7.3.2 Upon receipt of the Construction Manager’s list, the Designer and the City will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If the Designer and the City's ’s inspection discloses any item, whether or not included on the Construction Manager’s list, which must be completed is not sufficiently complete in accordance with the Contract Documents so the City can occupy or corrected before Substantial Completionutilize the Work or designated portion thereof for its intended use, Contractor the Construction Manager shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Designer and the City. Contractor In such case, the Construction Manager shall then submit a request for another inspection by the Designer and the City to determine Substantial Completion. 9.7.2 7.3.3 When City determines that the Work or such designated portion thereof is Substantially Complete, City the Designer will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered signature by the Certificate of Substantial Completion, excluding any systems provided City. Warranties required by Separate Contractors which are not yet fully operational or accepted by City, the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 7.3.4 The Certificate of Substantial Completion shall be submitted to the City and Construction Manager for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and Consent of Surety Company to Final Payment, the City shall make payment of retainage applying to such Work or designated portion thereof. The Guarantee To Repair Period Such payment shall be adjusted for systems which become fully operational Work that is incomplete or Accepted subsequent to Substantial Completion will begin on not in accordance with the later requirements of the date they are operational or Acceptance Contract Documents. 7.3.5 Retainage will be released to Construction Manager within 30 days of Substantial Completion, less 150% of the Project by Cityreasonable value of any Work which is incomplete or not performed in compliance with the Contract Documents.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice 10.6.1 Construction Manager shall notify Owner and, if directed, Design Professional when it considers Substantial Completion of the Work or a designated portion to City that have been achieved. Owner, with the assistance of its Design Professional, shall promptly conduct an inspection to determine whether the Work or designated portion can be occupied or used for its intended use by Owner without excessive interference in completing any remaining unfinished Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City . If Owner determines that the Work or designated portion thereof is has not sufficiently complete to warrant an inspection to determine reached Substantial Completion, Owner, with the assistance of its Design Professional or Construction Manager will inspect the WorkProfessional, or such designated portion thereof, and prepare and give to Contractor shall promptly compile a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completionso Owner may occupy or use the Work or designated portion for its intended use. Contractor Construction Manager shall promptly proceed to complete and correct all items on the list. Failure to include an item on such list does not alter the responsibility . 10.6.2 When Substantial Completion of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such a designated portion thereof is Substantially Complete. If City's inspection discloses any itemachieved, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor Construction Manager shall then submit a request for another inspection by City to determine Substantial Completion. 9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish establishing the date of Substantial Completion and the respective responsibilities of City and Contractor each Party for interim items such as security, maintenance, heat, utilities, insurance, and damage to the Work, and fixing the time for completion of minor all items and correction or repair on the list accompanying the Certificate. The Certificate of Substantial Completion shall be submitted by Construction Manager to Owner and, if directed, to Design Professional for written acceptance of responsibilities assigned in the Work or such designated portion thereof. Certificate of Substantial Completion. 10.6.3 Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or such a designated portion thereof. The Guarantee To Repair Period portion. 10.6.4 Upon Owner’s written acceptance of the Certificate of Substantial Completion, Owner shall pay to Construction Manager the remaining retainage held by Owner for systems which become fully operational or Accepted subsequent to the Work described in the Certificate of Substantial Completion will begin on the later less a sum equal to one hundred and fifty percent (150%) of the date they are operational estimated cost of completing or Acceptance correcting remaining items on that part of the Project Work, as agreed to by Citythe Parties as necessary to achieve Final Completion. Uncompleted items shall be completed by Construction Manager in a mutually agreed upon timeframe. Owner shall pay Construction Manager monthly the amount retained for unfinished items as each item is completed.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice the Artist believes the Artwork is substantially complete, the Artist shall submit a letter to the City stating that the Work, Project is substantially complete and including a list of items to be completed or portion thereof designated by corrected. The City for separate delivery, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will shall inspect the Work, or such designated portion thereof, Artwork and prepare and give to Contractor a comprehensive may supplement the list of items, if any, items to be completed or corrected before establishing Substantial Completionin the event the Artist has omitted any incomplete or defective Artwork. Contractor shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance The Artist will coordinate with the Contract Documents. City ahead of time to schedule the date for artwork installation and the City will then make a further work with the Artist to schedule the inspection to determine whether occur as close as possible to the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance date of the Certificate of Substantial Completionsubstantial completion. When the City, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion. 9.7.2 When City determines that the Work or such designated portion thereof Artwork is Substantially Completein fact substantially complete, City it will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and Completion, shall state the responsibilities of the City and Contractor the Artist for Project security, maintenance, heat, utilities, damage to the Artwork, and insurance, completion of minor and shall fix the time within which the Artist shall complete the items and correction or repair of the Work or such designated portion thereoflisted therein. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Guarantees required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract shall commence on the date of Substantial Completion of the Work or such designated portion thereofArtwork. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Certificate of Substantial Completion will begin on shall be submitted to the later City and the Artist for their written acceptance of the date they are operational or Acceptance responsibilities assigned to them in such certificate. If the City determines that the Artwork is not substantially complete, the City shall notify the Artist in writing within two (2) business days after the inspection. If the City is unable to issue its Certificate of Substantial Completion and is required to repeat its inspection of the Artwork, the Artist shall bear the cost of such repeat inspection(s), which cost may be deducted by the City from the Artist's next pay application. The Artist is responsible for all Project by Citysecurity, maintenance, damage to the Artwork, and insurance until issuance of the Certificate of Substantial Completion.

Substantial Completion. ‌1. Substantial Completion shall be for the entire Project unless a partial Substantial Completion is identified in the approved GMP schedule and stated in the Notice to Proceed letter. Substantial Completion shall be in accordance with its definition in Article 1. and with the criteria set forth in the Notice to Proceed. 9.7.1 When Contractor gives notice 2. Prior to City that notifying the WorkCity, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that the CM@Risk shall inspect the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give submit to Contractor the City a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completioncorrected. Contractor The CM@Risk shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor the CM@Risk to complete all Work in accordance with the Contract Documents. 3. CM@Risk shall notify City when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is substantially complete. 4. Within five (5) days of City’s receipt of CM@Risk’s notice, City and CM@Risk will then make a further inspection jointly inspect such Work to determine whether verify that it is substantially complete in accordance with the Work or such designated portion thereof is Substantially Completerequirements of the Contract Documents. 5. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion. 9.7.2 When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City will shall prepare and issue a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work that will set forth (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on i) the date of Substantial Completion of the Work or such designated portion thereof, (ii) the remaining items of Work that have to be completed within thirty (30) calendar days before Final Acceptance, (iii) provisions provided in the Contract Documents establishing City’s responsibility for the Project’s security, maintenance, utilities and insurance pending Final Acceptance and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. 6. The Guarantee To Repair Period for systems City, at its option, may use a portion of the Work which become fully operational or Accepted subsequent has been determined to be substantially complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth above, (ii) CM@Risk and City have obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government authorities having jurisdiction over the Project, and (iii) City and CM@Risk agree that City’s use or occupancy will begin on the later not interfere with CM@Risk’s completion of the date they are operational or Acceptance of the Project by Cityremaining Work.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice to City that 9.8.1 Substantial Completion is the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that stage in the progress of the Work when the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional in accordance with the Contract Documents so the Owner can occupy or Construction Manager will inspect utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or such designated a portion thereofthereof which the Owner agrees to accept separately, and is substantially complete, the Contractor shall prepare and give submit to Contractor the Architect a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completioncorrected. The Contractor shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the Contractor's list, the Architect will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If Citythe Architect's inspection discloses any item, whether or not included on the Contractor's list, which must be completed or corrected before Substantial Completionis not in accordance with the requirements of the Contract Documents, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Architect. The Contractor shall then submit a request for another inspection by City the Architect to determine Substantial Completion. 9.7.2 . When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the Completion, shall establish responsibilities of City the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, completion of minor and shall fix the time within which the Contractor shall finish all items and correction or repair of on the Work or such designated portion thereoflist accompanying the Certificate. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or such designated portion thereofthereof unless otherwise provided in the Certificate of Substantial Completion. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Certificate of Substantial Completion will begin on shall be submitted to the later Owner and Contractor for their written acceptance of the date they are operational or Acceptance of the Project by Cityresponsibilities assigned to them in such Certificate.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice to City that 4.8.1. Substantial Completion is the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that stage in the progress of the Work when the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completionin accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended purpose, Design Professional this includes the receipt of a certificate of occupancy, either temporary or Construction Manager will inspect permanent. 4.8.2. When the Design- Builder considers that the Work, or such a designated portion thereofthereof that the Owner in its sole discretion agrees to accept separately, is Substantially Complete and prepare and give to Contractor a comprehensive list of items, if any, only minor items need to be completed or corrected before establishing Substantial Completion. Contractor corrected, the Design- Builder shall promptly proceed prepare a list of such items (also referred to as a punchlist) and submit the same to the Owner, meanwhile proceeding to complete and correct items on the listthose items. Failure to include an item any incomplete or uncorrected items on such list does not alter the responsibility of Contractor the Design-Builder to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether The Owner, after receipt of the Design-Builder's list, shall inspect the Work and add to the list any other items of incomplete or uncorrected Work which such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on may disclose and the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, Design-Builder shall complete or correct such itemitems upon notification by the Owner. Contractor The Design-Builder shall then submit a request for another inspection by City to determine Substantial Completion. 9.7.2 When City and if, on the basis of such inspection, the Owner determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City the Architect will prepare a Certificate of Substantial Completion on City's formfor Owner’s review and, which when signed by City if acceptable to Owner, its approval. Said Certificate shall establish the date of Substantial Completion Completion, shall establish responsibilities of the Design-Builder and the responsibilities of City and Contractor Owner for security, maintenance, heat, utilities, insurance, completion damage to the Work and insurance and shall fix the time within which the Design-Builder shall finish all items on the list accompanying the Certificate. 4.8.3. No Certificate of minor items and correction or repair Substantial Completion shall be issued in which the time allowed for Design-Builder for Final Completion of the Work or such designated portion thereofis more than sixty (60) days. 4.8.4. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Upon Substantial Completion of the Work Work, or such designated portion thereof, and upon application by the Design- Builder, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents. The Guarantee To Repair Period for systems Provided, however, such payment shall not be made until Design-Builder has provided the following, all of which become fully operational or Accepted subsequent to Substantial Completion will begin on shall be dated as of delivery and signed by the later Design- Builder: .1 All required certificates of occupancy. .2 An approval of the date they are operational or Acceptance entire electrical system by the New York Board of Fire Underwriters. .3 The record documents specified in Paragraph 3.12. .4 Operating Manuals for all mechanical and electrical systems, including parts lists, maintenance schedules, etc. .5 Attendance lists for instruction sessions provided by the Design-Builder to Owner's personnel to demonstrate the proper use, operation and maintenance of all major equipment and systems. .6 Complete valve charts for all mechanical systems. .7 All keys and other devices usual and necessary for the operation of the Project building and its systems. .8 All other documents, products, catalogs and instructions required by Citythe Contract Documents.

Substantial Completion. ‌ 9.7.1 When the Contractor gives notice to City that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines considers that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine has reached Substantial Completion, Design Professional or Construction it shall submit a request to the Town’s Project Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor for a comprehensive list certificate of items, if any, to be completed or corrected before establishing Substantial Completion. Substantial Completion must occur not later than the date set forth in the applicable GMP Amendment, subject to modification by changes in the Contract Time according to Article 6 below. A prerequisite for Substantial Completion, over and above the extent of construction completion required, is receipt by the Town of acceptable documentation that Contractor has successfully tested and demonstrated all systems for their intended uses. The Town shall determine when the Project and the Contractor’s Work is substantially complete. The Substantial Completion date shall be confirmed by a Certificate of Substantial Completion signed by the Town and Contractor. The Certificate of Substantial Completion shall state the respective responsibilities of the Town and the Contractor for security, maintenance and damage to the work and insurance. The Certificate of Substantial Completion shall also include the Punch List as created by the Contractor and modified by the Project Designers in consultation with the Town and establish the time for completion and correction of all Punch List items. The Contractor shall proceed promptly proceed to complete and correct items on the listPunch List items. Failure to include an item on such list the Punch List does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection If the Town and the Contractor cannot agree as to determine whether the Work appropriate Substantial Completion date, such issue shall be submitted for dispute resolution in accordance with the procedures set forth in Article 13 below. Notwithstanding such disagreement, the Contractor shall diligently proceed with completion of the Punch List items. Warranties required by the Contract Documents shall commence on the Substantial Completion date or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion. 9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by CityContract Documents.

Substantial Completion. ‌ 9.7.1 When Contractor DBE gives notice to City that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor DBE a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor DBE shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor DBE to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor DBE shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor DBE shall then submit a request for another inspection by City to determine Substantial Completion. 9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor DBE for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by City.

Substantial Completion. ‌ 9.7.1 8.41.1 When Contractor gives notice to City that Construction Manager considers the Work, or a portion thereof designated by which the City for separate deliveryagrees to accept separately, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and shall prepare and give submit to Contractor the Architect and the City a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed prior to complete and correct items on the listfinal payment. Failure to include an item on such list does not alter the responsibility of Contractor the Construction Manager to complete all Work in accordance with the Contract Documents. . 8.41.2 Upon receipt of the Construction Manager’s list, the Architect and the City will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If the Architect and the City's ’s inspection discloses any item, whether or not included on the Construction Manager’s list, which must be completed is not sufficiently complete in accordance with the Contract Documents so the City can occupy or corrected before Substantial Completionutilize the Work or designated portion thereof for its intended use, Contractor the Construction Manager shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Architect and the City. Contractor In such case, the Construction Manager shall then submit a request for another inspection by the Architect and the City to determine Substantial Completion. 9.7.2 8.41.3 When City determines that the Work or such designated portion thereof is Substantially Complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered signature by the Certificate of Substantial Completion, excluding any systems provided City. Warranties required by Separate Contractors which are not yet fully operational or accepted by City, the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 8.41.4 The Certificate of Substantial Completion shall be submitted to the City and Construction Manager for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, the City shall make payment of retainage applying to such Work or designated portion thereof. The Guarantee To Repair Period Such payment shall be adjusted for systems which become fully operational Work that is incomplete or Accepted subsequent to Substantial Completion will begin on not in accordance with the later requirements of the date they are operational or Acceptance of the Project by CityContract Documents.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice to City District that the Work, or portion thereof designated by City District for separate delivery, is Substantially Complete, unless City District determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager District will inspect the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City District will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If CityDistrict's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City District to determine Substantial Completion. 9.7.2 When City District determines that the Work or such designated portion thereof is Substantially Complete, City District will prepare a Certificate of Substantial Completion on CityDistrict's form, which when signed by City District shall establish the date of Substantial Completion and the responsibilities of City District and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by CityDistrict, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To to Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by CityDistrict.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice (A) Subject to City that any prevention, delay or stoppage due to Landlord's Force Majeure (as hereinafter defined) or attributable to any Tenant Delays, Landlord shall use reasonable speed and diligence in the construction of the Base Building Enhancements and the Tenant Improvement Work (hereinafter collectively referred to as the "Landlord's Work") so as to have the same Substantially Completed (as hereinafter defined) on or before the Estimated Commencement Date set forth in Section I . I , or portion thereof designated by City but Tenant shall have no claim against Landlord for separate delivery, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed failure to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance construction of the Certificate Landlord's Work except as expressly set forth in Section 3.4 below. Notwithstanding the foregoing, it is understood and agreed that Landlord shall have no responsibility for the installation or connection of Substantial CompletionTenant's computer, complete telephone, other communication equipment, systems or correct such item. Contractor shall then submit a request for another inspection wiring (although Landlord will reasonably cooperate with Tenant in order to facilitate the completion by City to determine Substantial CompletionTenant of this work). 9.7.2 When City determines that (B) Landlord will reasonably cooperate with Tenant and Tenant's Construction Representative in the performance of the Tenant Improvement Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish to provide Tenant access to the date of Substantial Completion Premises both prior to and during construction and the responsibilities of City right to attend all job meetings between Landlord and Contractor for securitythe Tenant Improvement Work and to review subcontractor submittals and shop drawings. Tenant shall have the right to have Tenant's Construction Representative or other qualified architect, maintenanceengineer or contractor inspect the quality of construction of the Tenant Improvement Work and the compliance of the Tenant Improvement Work with the Tenant Plans, heatprovided such inspection is performed at a time mutually agreeable to Landlord and Tenant and which will not cause any delay in the performance of the Landlord's Work. Landlord agrees to notify Tenant (which notice may be oral) of all job meetings held with the Contractor and related to the scheduling, utilitiesdesign, insurancemodifications, change orders, or cost reporting or pricing of the Tenant Improvement Work. Tenant shall have the right to review and approve change orders to any portion of the Tenant Improvement Work proposed by Landlord or Contractor, which such approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that Tenant's approval of any change order which (i) materially affects the scope or quality of the Tenant Improvement Work (it being acknowledged and agreed that for the purposes hereof, the substitution of items of S:\Lcgal\Waltham\77 Founh Avcnue\Lcases\Phasc Forward (H) doc comparable quality to those shown on the Tenant Plans shall not be deemed to materially affect the scope or quality of the Tenant Improvement Work), (ii) delays the completion of minor items the Tenant Improvement Work beyond December 31, 2008 or (iii) materially increases the costs to complete the Tenant Improvement Work shall be in Tenant's sole and correction or repair unfettered discretion. (C) In addition to and not in limitation of the insurance required to be maintained by Landlord under Section 4.3 of this Lease, Landlord shall require the Contractor and all contractors and subcontractors performing Landlord's Work or such designated portion thereof. Unless otherwise provided to maintain at all times during the construction of Landlord's Work commercially reasonable insurance coverages comparable to those being maintained by contractors on similar projects in the Certificate of Substantial CompletionMarket Area. Landlord shall use commercially reasonable efforts to cause the Contractor to name Tenant as a certificate holder and additional insured on all insurance coverages required under the Construction Contract (provided, however, that the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), failure or such designated portion thereof covered refusal by the Certificate Contractor to thus name Tenant shall not be considered to be a default by Landlord of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, of its obligations under this Lease). The cost of such insurance documented as allocable to Tenant Improvement Work under this subsection (C) shall commence on the date of Substantial Completion be a part of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later Approved Tenant Plan Costs. (D) Landlord shall provide Tenant with at least thirty (30) days prior written notice of the date they are operational Landlord anticipates that the Landlord's Work will be Substantially Complete (the "Anticipated Delivery Date") and shall provide Tenant with written notice of any revisions or Acceptance changes to such Anticipated Delivery Date, and if the Landlord's Work is not Substantially Complete as of the Project by City.Anticipated Delivery Date set forth in Landlord's notice, then the Substantial Completion Date will not be deemed to have occurred unless Tenant has been provided with at least fifteen ( 15) days prior written notice of a revised Anticipated Delivery Date and the Landlord's Work is actually Substantially Completed as of such revised Anticipated Delivery Date. The "Substantial Completion Date" shall

Substantial Completion. ‌ 9.7.1 When Contractor gives notice to City that 9.8.1 Substantial Completion is the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that stage in the progress of the Work when the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional in accordance with the Contract Documents so the Owner can occupy or Construction Manager will inspect utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or such designated a portion thereofthereof which the Owner agrees to accept separately, is substantially complete, the Contractor and Development Manager shall jointly prepare and give submit to Contractor the Architect and Owner a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completioncorrected. The Contractor shall promptly proceed promptly, to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the Contractor's list, the Architect and Owner, assisted by the Development Manager, will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If Citythe Architect's inspection discloses any item, whether or not included on the Contractor's list, which must be completed or corrected before Substantial Completionis not in accordance with the requirements of the Contract Documents, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Architect. The Contractor shall then submit a request for another inspection by City the Architect and Owner, assisted by the Development Manager, to determine Substantial Completion. 9.7.2 . When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish assist in the determination of the date of Substantial Completion and the Completion, shall establish responsibilities of City the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, completion of minor and shall fix the time within which the Contractor shall finish all items and correction or repair of on the Work or such designated portion thereoflist accompanying the Certificate. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or such designated portion thereofthereof unless otherwise provided in the Certificate of Substantial Completion. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 9.8.2.1 Upon receipt of the Contractor's list of items to be completed or corrected, the Development Manager and Architect will begin promptly make a thorough review and prepare a "punch list," setting forth in accurate detail any items on the later Contractor's list and additional items that are not acceptable. 9.8.2.2 When the "punch list" has been prepared, the Development Manager and Architect, if requested, will meet with the Contractor and any Subcontractor to identify and explain all "punch list" items and answer questions on the work which must be done before final acceptance. 9.8.2.3 If the Contractor gives notice that a major subcontractor has completed his "punch list" items, the Development Manager and Architect will review that portion of the date they work and, if the items are operational or Acceptance found to be satisfactorily completed, advise the Contractor accordingly. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor, and certification by the Development Manager and Architect, and acceptance by the Owner, all lenders for the Project by Cityand applicable governmental authorities, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice to City District that the Work, or portion thereof designated by City District for separate delivery, is Substantially Complete, unless City District determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager District will inspect the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City District will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If CityDistrict's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City District to determine Substantial Completion. 9.7.2 When City District determines that the Work or such designated portion thereof is Substantially Complete, City District will prepare a Certificate of Substantial Completion on CityDistrict's form, which when signed by City District shall establish the date of Substantial Completion and the responsibilities of City District and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by CityDistrict, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by CityDistrict.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice Prior to Design-Builder reaching the established Substantial Completion date, City that and Design-Builder shall negotiate the Workterms and conditions of City taking partial occupancy of the defined core scope items if City so elects to take partial occupancy. Such partial occupancy or use may commence upon City and Design-Builder accepting in writing the responsibilities assigned to each for security, or portion thereof designated by City for separate deliverymaintenance, is Substantially Complete, unless City determines that damage to the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine and insurance. City and Design-Builder shall agree in writing the period for correction of the Substantial Completion, Design Professional or Construction Manager will inspect Completion Work and the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list commencement of itemswarranties, if any. When Design-Builder considers this Substantial Completion portion of the Work to be complete, Design-Builder shall prepare and submit a list of items to be completed or corrected before establishing of the core scope items making up the Substantial Completion. Contractor shall promptly proceed to complete Completion and correct items on the list. Failure to include an item on submit such list does not alter to City. Upon receipt of Design-Builder’s list of items, City then shall determine if Design-Builder has met the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance requirements of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion. 9.7.2 When City determines that VI.4.1 Consent of Design-Builder to any partial occupancy or use shall not be unreasonably withheld. The state of the progress of the Work shall be determined by written agreement between City and Design-Builder. VI.4.2 Immediately prior to such partial occupancy or such designated portion thereof is Substantially Completeuse by City, City will prepare and Design- Builder shall inspect the area in order to determine and record the condition of the Work. VI.4.3 Unless expressly agreed upon in writing, City’s partial occupancy or City’s use of a Certificate portion of or portions of the Work shall not constitute City’s acceptance of Work not complying with the requirements of the Contract Documents. VI.4.4 Upon Design-Builder meeting the Substantial Completion on City's formdate and City taking partial occupancy or use of the area of the Project, which when signed City may assume responsibility for maintenance, security and insuring that portion of the Work put into use and accepted by City shall establish the date through notification of such responsibility in writing to Design- Builder. VI.4.5 Partial occupancy or use by City does not constitute Substantial Completion and the responsibilities of said partial occupancy or use by City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided starts only those warranty period(s) accepted in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project writing by City.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice to City that 9.8.1 Substantial Completion is the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that stage in the progress of the Work when the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional in accordance with the Contract Documents so the Owner can occupy or Construction Manager will inspect utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or such designated a portion thereofthereof which the Owner agrees to accept separately, and is substantially complete, the Contractor shall prepare and give submit to Contractor the Architect a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completioncorrected. The Contractor shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the Contractor's list, the Architect will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If Citythe Architect's inspection discloses any item, whether or not included on the Contractor's list, which must be completed or corrected before Substantial Completionis not in accordance with the requirements of the Contract Documents, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Architect. The Contractor shall then submit a request for another inspection by City the Architect to determine Substantial Completion. 9.7.2 . When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the Completion, shall establish responsibilities of City the owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, completion of minor and shall fix the time within which the Contractor shall finish all items and correction or repair of on the Work or such designated portion thereoflist accompanying the Certificate. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or such designated portion thereofthereof unless otherwise provided in the Certificate of Substantial Completion. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Certificate of Substantial Completion will begin on shall be submitted to the later Owner and Contractor for their written acceptance of the date they are operational or Acceptance of the Project by Cityresponsibilities assigned to them in such Certificate.

Substantial Completion. ‌4.3.1 Substantial Completion shall be for the entire Project unless a partial Substantial Completion is identified in the approved GMP schedule and stated in the Notice to Proceed letter. Substantial Completion shall be in accordance with its definition in Article 1 and with the criteria set forth in the Notice to Proceed. 9.7.1 When Contractor gives notice 4.3.2 Prior to notifying the City that in accordance with section 4.3.3 below, the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will Design-Builder shall inspect the Work, or such designated portion thereof, construction and prepare and give submit to Contractor the City a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completioncorrected. Contractor The Design-Builder shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor the Design-Builder to complete all Work construction in accordance with the Contract Construction Documents. . 4.3.3 Design-Builder shall notify City will then make when it believes the construction, or a further inspection to determine whether portion of the Work or such designated portion thereof construction, is Substantially Complete. If substantially complete. 4.3.4 Within five Days of City's inspection discloses any itemreceipt of Design-Builder's notice, whether or not included on City and Design-Builder will jointly inspect such construction to verify that it is substantially complete in accordance with the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance requirements of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial CompletionConstruction Documents. 9.7.2 When City determines that the Work or 4.3.5 If such designated portion thereof construction is Substantially Completesubstantially complete, City will shall prepare and issue a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work that will set forth (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on i) the date of Substantial Completion of the Work construction or such designated portion thereof. The Guarantee To Repair Period , (ii) the remaining items of construction that have to be completed within thirty Days before Final Acceptance, (iii) provisions (to the extent not already provided in the Contract Documents) establishing City’s and Design-Builder’s responsibility for systems the Project’s security, maintenance, utilities and insurance pending Final Acceptance, and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. 4.3.6 City, at its option, may use a portion of the construction which become fully operational or Accepted subsequent has been determined to be substantially complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of construction addressing the items set forth in section 4.3.5 above, (ii) Design-Builder and City have obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government authorities having jurisdiction over the Project, and (iii) City and Design-Builder agree that City’s use or occupancy will begin on the later not interfere with Design-Builder’s completion of the date they are operational or Acceptance of the Project by Cityremaining construction.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice to City that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines Construction Manager considers that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine has reached Substantial Completion, Design Professional or Construction it shall submit a request to the City’s Project Manager will inspect the Work, or such designated portion thereof, and prepare and give to Contractor for a comprehensive list certificate of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor Substantial Completion must occur not later than the date set forth in the applicable GMP Amendment, subject to modification by changes in the Contract Time according to Article 6 below. A prerequisite for Substantial Completion, over and above the extent of construction completion required, is receipt by the City of acceptable documentation that Construction Manager has successfully tested and demonstrated all systems for their intended uses. In consultation with the Project Designers, the City shall determine when the Project and the Construction Manager’s Work is substantially complete. The Substantial Completion date shall be confirmed by a Certificate of Substantial Completion signed by the City and Construction Manager. The Certificate of Substantial Completion shall state the respective responsibilities of the City and the Construction Manager for security, maintenance and damage to the work and insurance. The Certificate of Substantial Completion shall also include the Punch List as created by the Construction Manager and modified by the Project Designers in consultation with the City and establish the time for completion and correction of all Punch List items. The Construction Manager shall proceed promptly proceed to complete and correct items on the listPunch List items. Failure to include an item on such list the Punch List does not alter the responsibility of Contractor the Construction Manager to complete all Work in accordance with the Contract Documents. If the City will then make a further inspection and the Construction Manager cannot agree as to determine whether the Work appropriate Substantial Completion date, such issue shall be submitted for dispute resolution in accordance with the procedures set forth in Article 13 below. Notwithstanding such disagreement, the Construction Manager shall diligently proceed with completion of the Punch List items. Warranties required by the Contract Documents shall commence on the Substantial Completion date or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion. 9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by CityContract Documents.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice to City that the Work9.8.1 Substantial Completion, or portion thereof designated by City for separate deliveryas defined in 1.2.15, is Substantially Complete, unless City determines that the stage in the progress of the Work when the Work or designated portion thereof is not sufficiently complete in accordance with the Contract Documents and when all required occupancy permits, if any, have been issued so the Owner can occupy and utilize the Work for its intended use. The XXXX Contractor will secure and deliver to warrant an inspection the Owner written warranties and guarantees from its SubContractors, Sub- subContractors and suppliers bearing the date of Substantial Completion or some other date as may be agreed to determine by the Owner and stating the period of warranty as required by the Contract Documents. The XXXX Contractor is responsible for the warranty of all Work, whether performed by it or by its SubContractors at any tier. The XXXX Contractor will also participate in a walk-through of the project within one year after Substantial Completion, Design Professional or Construction Manager will inspect . 9.8.2 When the XXXX Contractor considers that the Work, or such designated a portion thereofthereof which the Owner agrees to accept separately, and is substantially complete, the XXXX Contractor shall prepare and give submit to Contractor the Architect and the Owner a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed prior to complete and correct items on the listfinal payment. Failure to include an item on such list does not alter the responsibility of the XXXX Contractor to complete all Work in accordance with the Contract Documents. City . 9.8.3 Upon receipt of the Contractor’s list, the Architect and the Owner will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If City's inspection by the Architect or the Owner discloses any item, whether or not included on the Contractor’s list, which must be completed or corrected before Substantial Completion, Contractor shall, before City’s issuance is not sufficiently complete in accordance with the requirements of the Certificate of Substantial CompletionContract, the XXXX Contractor shall complete or correct such item. In such case, the XXXX Contractor shall then submit a request for another inspection by City the Architect and the Owner to determine Substantial Completion. 9.7.2 When City determines that 9.8.4 When, in the opinion of the Owner and the Architect, the Work or such designated portion thereof is Substantially Completesubstantially complete, City the Architect will notify the Owner. The Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date Date of Substantial Completion and Completion, shall establish the responsibilities of City the Owner and XXXX Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, completion and shall fix the time within which the XXXX Contractor shall furnish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the Date of minor items and correction or repair Substantial Completion of the Work or such designated portion thereof. Unless thereof unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the . 9.8.5 The Owner may withhold approval of a Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequent to Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by Cityuntil building commissioning is successfully completed.

Substantial Completion. ‌ 9.7.1 9.6.1 When Contractor the Design-Build Entity gives notice to City the District’s Representative that the Work, or portion thereof designated by City for separate delivery, Construction Work is Substantially Completesubstantially complete, unless City the District’s Representative determines that the Construction Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager the District’s Representative will inspect the Construction Work, or such designated portion thereof, and prepare and give to Contractor the Design-Build Entity a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completion. Contractor The Design-Build Entity shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractor the Design-Build Entity to complete all Construction Work in accordance with the Contract Documents. City The District’s Representative will then make a further an inspection to determine whether the Construction Work or such designated portion thereof is Substantially Completesubstantially complete. If Citythe District’s Representative's inspection discloses any item, whether or not included on the list, which must be completed or corrected before Substantial Completion, Contractor the Design-Build Entity shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor The Design-Build Entity shall then submit a request for another inspection by City the District’s Representative to determine Substantial Completion. Costs for additional inspection by the District’s Representative shall be deducted from any monies due and payable to the Design-Build Entity. 9.7.2 9.6.2 When City the District’s Representative determines that the Construction Work or such designated portion thereof is Substantially Completesubstantially complete, City the Design-Build Entity will prepare and submit a Certificate of Substantial Completion on City's formto the District, which which, when signed by City the District, shall establish the date Date of Substantial Completion and the responsibilities of City the District and Contractor the Design-Build Entity for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of damage to the Work or such designated portion thereofConstruction Work. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof work on the Project covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date Date of Substantial Completion of the Construction Work except that Substantial Completion shall not commence the Guarantee to Repair Period for any equipment or such designated systems that: 9.6.2.1 Are not fully operational (equipment or systems shall not be considered fully operational if they are intended to provide service to any portion thereof. of the building which the District has neither Beneficially Occupied nor accepted as Substantially Complete); or 9.6.2.2 Are not accepted by the District. 9.6.3 The Guarantee To Repair Period for systems which become fully operational or Accepted and accepted subsequent to Substantial Completion will begin on the later Date of their acceptance by the date they are operational or Acceptance District. The Certificate of Substantial Completion shall be submitted to the Project by CityDistrict and the Design-Build Entity for their written acceptance.

Substantial Completion. ‌ 9.7.1 14.26.1 When Contractor gives notice to City that Design-Builder considers the Work, or a portion thereof designated by which the City for separate deliveryagrees to accept separately, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and Design-Builder shall prepare and give submit to Contractor the City a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed prior to complete and correct items on the listfinal payment. Failure to include an item on such list does not alter the responsibility of Contractor the Design-Builder to complete all Work in accordance with the Contract Documents. . 14.26.2 Upon receipt of the Design-Builder’s list, the City will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Complete. If the City's ’s inspection discloses any item, whether or not included on the Design-Builder’s list, which must be completed is not sufficiently complete in accordance with the Contract Documents to the City can occupy or corrected before Substantial Completionutilize the Work or designated portion thereof for its intended use, Contractor the Design- Builder shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the City. Contractor In such case, the Design-Builder shall then submit a request for another inspection by the City to determine Substantial Completion. 9.7.2 14.26.3 When City determines that the Work or such designated portion thereof is Substantially Complete, City the Design- Builder will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered signature by the Certificate of Substantial Completion, excluding any systems provided City. Warranties required by Separate Contractors which are not yet fully operational or accepted by City, the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 14.26.4 The Certificate of Substantial Completion shall be submitted to the City and Design- Builder for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, the City shall make payment of retainage applying to such Work or designated portion thereof. The Guarantee To Repair Period Such payment shall be adjusted for systems which become fully operational Work that is incomplete or Accepted subsequent to Substantial Completion will begin on not in accordance with the later requirements of the date they are operational or Acceptance of the Project by CityContract Documents.

Substantial Completion. ‌ 9.7.1 When Contractor gives notice to City that § 9.8.1 Substantial Completion is the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that stage in the progress of the Work when the Work or designated portion thereof is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy and utilize the Work or agreed upon portion thereof for its intended use; provided however that unless a Certificate of Occupancy is withheld by appropriate governmental officials for reasons not the fault or responsibility of the Contractor or its Subcontractors or anyone directly or indirectly employed by them or for whose acts any of them may be liable, the issuance of a Certificate of Occupancy, if applicable to warrant an inspection the Work or agreed upon portion thereof, is a condition precedent to determine Substantial Completion, Design Professional or Construction Manager will inspect Completion of such portion of the Work. § 9.8.2 When the Contractor considers that the Work, or such designated a portion thereofthereof which the Owner agrees to accept separately, and is substantially complete, the Contractor shall prepare and give submit to Contractor the Architect a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed prior to complete and correct items on the listfinal payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. City . § 9.8.3 Upon receipt of the Contractor’s list, the Architect will then make a further an inspection to determine whether the Work or such designated portion thereof is Substantially Completesubstantially complete. If City's the Architect’s inspection discloses any item, whether or not included on the Contractor’s list, which must be completed is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or corrected before Substantial Completionutilize the Work or designated portion thereof for its intended use, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by City the Architect to determine Substantial Completion. 9.7.2 § 9.8.4 When City determines that the Work or such designated portion thereof is Substantially Completesubstantially complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City that shall establish the date of Substantial Completion and the Completion, shall establish responsibilities of City the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, completion of minor and shall fix the time within which the Contractor shall finish all items and correction or repair of on the Work or such designated portion thereoflist accompanying the Certificate. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered Warranties required by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Contractor shall complete all items on the list accompanying the Certificate within sixty (60) days of the date of Substantial Completion unless the Contractor substantiates for specific items on the list valid reasons beyond the Contractor’s or their Subcontractor’s control why the work can not be accomplished within this time frame and the Owner and Architect approve such exceptions in writing within seven (7) days of the issuance of the list by the Architect. With respect to Work enumerated on the list accompanying the Certificate of Substantial Completion, the guarantee or warranty period shall start at the time of subsequent acceptance of this Work in writing by the Owner but not later than the date of issuance of the final Certificate for Payment. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. The Guarantee To Repair Period Such payment shall be adjusted for systems which become fully operational Work that is incomplete or Accepted subsequent to Substantial Completion will begin on not in accordance with the later requirements of the date they are operational or Acceptance of the Project by CityContract Documents.

Substantial Completion. ‌ 9.7.1 When the Contractor gives notice to City considers that the Work, or a portion thereof designated by City for separate deliverythereof, which the Owner agrees to accept separately, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, Design Professional or Construction Manager will inspect the Work, or such designated portion thereof, and Contractor shall prepare and give submit to Contractor the Owner a comprehensive list of items, if any, items to be completed or corrected before establishing Substantial Completionand corrected. The Contractor shall proceed promptly proceed to complete and correct items on the list. Failure to include an item on such the list does not alter relieve the Contractor of the responsibility of Contractor to complete all Work in accordance with the Contract Documents. City Upon receipt of the Contractor's list, the Architect will then make a further inspection to an inspection, and with the approval of the Owner, determine whether the Work Work, or such designated portion thereof thereof, is Substantially Complete. If City's the Owner’s inspection discloses any item, whether or not included on the Contractor's list, which must be completed or corrected before Substantial Completionis not in accordance with the requirements of the Contact Documents, the Contractor shall, before City’s issuance of the Certificate of Substantial Completion, complete or correct such itemitem upon notification by the Owner. The Contractor shall then submit a may request for another inspection additional inspections by City the Architect as may be reasonable to determine when Substantial Completion. 9.7.2 Completion has been achieved. When City determines that the Work or such designated portion thereof thereof, is Substantially Complete, City the Architect will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the shall establish responsibilities of City the Owner and Contractor for securityfor: • Security • Maintenance • Water, maintenancesewer, heat, utilities, insurance, completion electric and other utilities • Damages to the Work; and • Insurance Responsibilities The Certificate shall also establish the time within which the Contractor shall finish all items on the list of minor items and correction incomplete Work or repair corrections otherwise necessary to meet the requirements of the Work Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion, or such designated portion thereof. Unless , unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article 12, Section 12.2.1), or such designated portion thereof covered by the . The Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, Completion shall commence on be submitted to the date Owner and Contractor for their written acceptance of responsibilities assigned to each. Upon Substantial Completion of the Work Work, or such designated portion thereof. The Guarantee To Repair Period , and upon application by the Contractor, certification and approval by the Owner, the Owner shall make payment, reflecting adjustment in retainage, if any, for systems which become fully operational such Work or Accepted subsequent to Substantial Completion will begin on portion thereof as provided in the later of the date they are operational or Acceptance of the Project by CityContract Documents.