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. Taking: A taking of property or any interest therein or right appurtenant or accruing thereto, by condemnation or eminent domain or by action, proceedings, or agreement in lieu thereof, pursuant to governmental authority. Tenant: The tenant named herein and any permitted assignee under Section 15.
Substantially Completed. At its option, the District may choose to accept a Bill of Sale when an extension is substantially complete, but which cannot reasonably be fully completed prior to the expiration of this Agreement. The Developer shall provide the District with a cash deposit in an amount the District determines is reasonably necessary to complete all performances necessary to comply with this Agreement. As a condition to the District’s acceptance of a cash deposit, all charges, fees and expenses, including engineering, legal and administrative costs, will be determined by the District and paid by the Developer, and signed easements, ready for recording and a Bill of Sale for the extension, shall be provided to the District. Acceptance of a cash deposit by the District does not entitle the development to connect or receive service. All performances required under this Agreement must be completed before service will be available. Upon the Developer’s failure to complete the extension and all performances required under this Agreement within the times noted, the District will give fourteen (14) calendar days written notice to the Developer and, at its option and without the prior consent of the Developer, accept the Bill of Sale for the extension, assume ownership and control of the extension, and utilize the cash deposit to complete the extension and all performances required under this Agreement. If the cash deposit is used, a full itemization of costs incurred by the District will be provided to the Developer. Upon completion of the extension, the District will provide an accounting to the Developer of the expenditures made pursuant to this Agreement. Any balance will be returned to the Developer. If the cash deposit was insufficient to complete the extension and all performances required, a Local Facilities Charge shall be applied against the properties served by the extension, payment of which will be a condition for receipt of side sewer permits from the District. To utilize this procedure for allowing a cash deposit, the Developer shall provide to the District a written request, in letter form, in which the Developer represents to the District that it has read and understands the contents of this Section 22, and consents to its terms.
Substantially Completed. The term “Substantially Completed” or “Substantial Completion” shall be understood to mean that all Project Work (or the work for a specified phase of the Project) requiring lane or shoulder closures or obstructions is completed, and traffic is following the lane arrangement as shown on the plans for the finished roadway (or the specified phase of work). Additionally, all pavement construction, resurfacing, traffic control devices, and pavement markings shall be in their final position (or as called for on the plans for the specified phase of work) at such time; provided, however, the Engineer may make an exception as to the permanent pavement markings being in their final position provided that, in the Engineer’s sole discretion, the lack of markings does not cause a disruption to traffic flow or an unsafe condition for the traveling public, and work zone pavement markings are in place.
Substantially Completed. With reference to the Premises, the completion of construction of the Initial Improvements except for items of work or adjustment of equipment or fixtures which are not necessary to make the Premises reasonably tenantable for the Permitted Uses and which, because of season or weather or the nature of the item, cannot practicably be done at the time.
Substantially Completed. 7 Condemnation...................31 Taxes.................................14 Condemnation Proceeds Deficit..11
Substantially Completed. The Project shall be deemed "Substantially Completed" (a) when it has been completed in accordance with the Plans and Specifications to the point that it may be properly occupied by Tenant for all the Permitted Uses, (b) the only remaining unfinished items or items requiring adjustment or correction are minor so-called "punchlist" items (i) the lack of which shall not materially interfere with Tenant's use of the Project for all Permitted Uses or access thereto (ii) which can be completed, adjusted or corrected by Landlord within 30 days, or in the alternative which cannot be completed until a later time because of season, weather, time required for ordering and delivery of requisite materials and similar factors, in either case without material interference with Tenant's said use or access and (iii) the cost of completing, adjusting or correcting the same shall not exceed 3% of the Project Budget (not including budgeted amounts for work in other areas of the Office, Research and Development Park), and (c) the Project Architect has executed and delivered a certificate to the Parties attesting to the foregoing.
