Substantially Completed. The term "Substantially Completed" means that in the opinion of the City's Representative the Project, including all systems and improvements, is in a condition to serve its intended purpose but still may require minor miscellaneous work and adjustment. Final payment of the Agreement Price, including retainage, however, shall be withheld until Final Completion and acceptance of the work by the City. Acceptance by the City shall not impair or waive any warranty obligation of Contractor.
Substantially Completed. The term "
Substantially Completed. If Landlord is unable to deliver the Premises to Tenant by August 1, 1998, then Tenant shall be entitled to receive from Landlord the amount of Five Thousand Dollars ($5,000) per day for the first fifteen (15) days beyond August 1, 1998 that Landlord fails to deliver the Premises (subject to force majeure as provided in Section 19.21) and Ten Thousand Dollars ($10,000) per day for the fifteen (15) days beyond August 15, 1998 that Landlord fails to deliver the Premises (subject to force majeure as provided in Section 19.21) and the Delivery Date shall be deemed to have occurred on such later date. If Landlord fails to deliver the Premises on or before September 1, 1998 subject to extension for force majeure as provided in Section 19.21 of this Lease, then Tenant shall, as Tenant's sole and exclusive remedy, have the option to terminate this Lease by delivering written notice ("Termination Note") to Landlord. If Tenant accepts delivery of the Premises, then Tenant shall be deemed to have waived its right to terminate the Lease as provided for under this Section 1.3. Notwithstanding anything herein to the contrary, in the event Landlord tenders possession of the Premises to Tenant in a substantially completed condition during that period of time from October 1, 1998 through and including November 30, 1998 (the "Non- Acceptance Period"), then, Tenant shall have the right not to accept possession of the Premises during such period by notifying Landlord, within five (5) days of the tender of possession of the Premises to Tenant, in which case the Commencement Date shall not occur until December 1, 1998.
Substantially Completed. The Interior Improvements shall be deemed to be "Substantially Completed" when (i) Prime Contractor has issued its written certificate stating that such improvements have been substantially completed in accordance with the Approved Plans therefor, (ii) electrified office partitions are installed, and (iii) the Building Department of the City of Santa Xxxxx has completed its final inspection of such improvements and has "signed off" the building inspection card approving such work as complete.
Substantially Completed. The completion of the construction or installation, or both, of the Tenant's Improvements, except for any special order, trade specific, or long-lead time items, to the extent that (i) all required governmental inspections for such Tenant Improvements have been successfully completed and only minor items remain unfinished (except for any special order, trade specific, or long-lead time items), and (ii) such minor items do not prevent Tenant from occupying the Leased Premises as reasonably determined by the project architect or the Project General Contractor. Notwithstanding anything contained herein to the contrary, or elsewhere provided, it is specifically understood and agreed that any delay caused by the any special order, trade specific, or long-lead time items of the Tenant (either supply, delivery, condition upon delivery, non-compliance of such equipment with the Construction Documents, or defects inherent to such equipment that effect the use of such equipment upon installation) shall not in any way delay the date of Substantial Completion or the date of Lease Commencement even if such delay prevents the issuance of an occupancy permit for the Leased Premises. Notwithstanding anything to the contrary set forth herein or elsewhere provided for, the parties agree and acknowledge that the Leased Premises are Substantially Completed and the Landlord has no additional obligations regarding construction of improvements except as set forth in Paragraph 2(b) below. Tenant shall have the right to make certain construction improvements subject to the provisions hereof and the written approval of Landlord. All changes made by Tenant shall be at its sole cost.
Substantially Completed. The Recapture Space Tenant Improvements shall be deemed to be "Substantially Completed" and Landlord shall deliver the Premises "Ready for Occupancy" when all of the following have occurred:
a. The Contractor has confirmed to Landlord and Tenant in writing that the Recapture Space Tenant Improvements are substantially completed, except for punch list items which do not adversely affect Tenant's ability to use the Recapture Space (which shall thereafter be completed by the Contractor as soon as reasonably practicable, but in any event within thirty (30) days following such certification by the Contractor) in accordance with the Final Plans, as amended by written and executed change orders mutually agreed to by the parties hereto, if any, such that Tenant can conduct normal business operations from the Recapture Space.
b. The Building Department of the City of Berkeley has "signed-off" on its final inspection which entitles Tenant to occupy the Recapture Space or has issued a Certificate of Occupancy for the Recapture Space and Landlord has delivered a copy of the “sign off” or Certificate of Occupancy to Tenant, whichever is sooner.
c. Except for licenses normally obtained by Tenant, e.g., a business license, Landlord has obtained all other approvals from the appropriate governmental authorities required for the legal occupancy of the Recapture Space by Tenant and Landlord has delivered copies of any such approvals to Tenant.
d. All of the heating, ventilating, air-conditioning and plumbing, life safety, mechanical and/or electrical systems are installed and operating to the extent necessary to service the Recapture Space.
e. All debris from Landlord's construction work has been removed from the Recapture Space and there is unimpeded, continuous and uninterrupted access to the Recapture Space for the purpose of installing Tenant's furniture, fixtures, equipment, and telecommunication and computer cabling systems. Landlord shall deliver to Tenant at least one (1) week's prior written notice stating the date that the Recapture Space is expected to be Ready for Occupancy, or would be Ready for Occupancy were it not for any Tenant Delay. Postponement of the Recapture Space Commencement Date, to the extent not caused by a Tenant Delay shall be Tenant's sole remedy for any delay in Landlord constructing the Recapture Space Tenant Improvements or making the Premises Ready for Occupancy.
Substantially Completed. Substantially Completed or terms of similar import shall mean the completion of construction, and the issuance of a temporary certificate of occupancy therefore, except for minor details, designated or punchlists delivered to Tenant, of
Substantially Completed. Date when the C ity of San Diego Building Department approves occupancy of the Premises, at least 15 days prior to Commencement Date Tenant. Linsco/Private Ledger Corp., a California corporation.
Substantially Completed. The words "Substantially Completed" shall mean the occurrence of all of the following: (1) construction by the Landlord of the Premises such that the remaining work to be done to render the Premises fully completed adjustments or decoration which will not interfere with the Tenant's use and enjoyment of the Premises; (2) the utility services have been installed and are operational for use by the Tenant; and (3) all means of ingress and egress, parking granted to the Tenant and loading areas authorized for use by the Tenant, are available for use by the Tenant. The Tenant's taking total or partial occupancy of the Premises or the Landlord's having Substantially Completed the Premises, shall not relieve the Landlord of its obligation to proceed diligently to complete those items listed in this section. With the sole exception of the new B/310 Organic Thin Films Laboratory space, the Tenant agrees that as of the date this Lease is signed by the Tenant, the Landlord has fulfilled any and all of the Landlord's obligations with respect to the construction and maintenance of the Premises.
Substantially Completed. “Substantially Completed” or “Substantial Completion” (whether or not such term is capitalized when used) means that the subject work of improvement has been fully completed in accordance with the requirements of this Agreement except for (a) items which do not have a substantial adverse impact on the usefulness of the subject work or the business operations of any Occupant and (b) items which do not prevent the legal opening or continuing operation of any business. Upon the request of any Approving Party, a party who is required to complete any work of improvement hereunder shall meet and confer with the Approving Parties to identify a so-called “punch-list” of incomplete or improperly constructed items with respect to any such “substantially completed” work and the constructing party shall diligently pursue the completion of such punch-list.
