Common use of BUILDING TO BE CONSTRUCTED OR SHELL SPACE Clause in Contracts

BUILDING TO BE CONSTRUCTED OR SHELL SPACE. If the Premises or part thereof are to be constructed, the commencement date shall be deemed to be the date upon which the Premises and other improvements to be erected in accordance with the plans and specifications described on EXHIBIT "B" attached hereto and incorporated herein by reference (the "Plans") have been substantially completed. As used herein, the term "substantially completed" shall mean that in the opinion of the architect or space planner that prepared the Plans, such improvements have been completed in accordance with the Plans and the Premises are in good and satisfactory condition, subject only to completion of minor punch list items. As soon as such improvements have been substantially completed, Lessor shall notify Lessee in writing that the commencement date has occurred. Within ten (10) days thereafter, Lessee shall submit to Lessor in writing a punch list of items needing completing or correction. Lessor shall use its best efforts to complete such items within thirty (30) days after the receipt of such notice. In the event Lessee, its employees, agents or contractors cause construction of such improvements to be delayed, the commencement date shall be deemed to be the date that, in the opinion of the architect or space planner that prepared the Plans, substantial completion would have occurred if such delays had not taken place.

BUILDING TO BE CONSTRUCTED OR SHELL SPACE. If the Premises or part a major portion thereof are is to be constructed, the commencement date shall be deemed to be the date upon which the Premises and other improvements to be erected in accordance with the plans and and/or specifications described on EXHIBIT Exhibit "B" attached hereto and incorporated herein by reference (the "Plans") have been substantially completed. As used herein, the term "substantially completed" shall mean mean, that in the opinion of the architect or space planner that prepared the PlansLessor, such improvements have been completed in accordance with the Plans and and, the Premises are in good and satisfactory condition, subject only to completion of minor punch list items. As soon as such improvements have been substantially completed, Lessor shall notify Lessee in writing that the commencement date has occurred. Within ten (10) days thereafter, Lessee shall submit to Lessor in writing a punch list of items needing completing completion or correction. Lessor shall use its best reasonable efforts to complete such items within thirty (30) days after the receipt of such notice. In the event Lessee, its employees, agents or contractors cause construction of such improvements to be delayed, the commencement date shall be deemed to be the date that, in the opinion of the architect or space planner that prepared the Plans, substantial completion would have occurred if such delays had not taken place.. The taking of possession by Lessee shall be deemed to conclusively establish that the buildings and other improvements had been completed in accordance with the Plans, that the Premises are in good and satisfactory condition as of when possession was taken, and that Lessee has `accepted such buildings and other improvements "AS IS," "WHERE IS," and "WITH

BUILDING TO BE CONSTRUCTED OR SHELL SPACE. If the Premises or part thereof are to be constructed, the commencement date shall be deemed to be the sooner of the date upon which the Premises and other improvements to be erected in accordance with the plans and specifications described on EXHIBIT Exhibit "BC" attached hereto and incorporated herein by reference (the "Plans") have been substantially completedcompleted or the date upon which the Tenant takes occupancy. As used herein, the term "substantially completed" shall mean mean, that in the opinion of the architect or space planner that prepared the Plans, such improvements have been completed in accordance with the Plans and the Premises are in good and satisfactory condition, subject only to completion of minor punch list items. As soon as such improvements have been substantially completed, Lessor Landlord shall notify Lessee Tenant in writing that the commencement date has occurred. Within ten (10) days thereafter, Lessee Tenant shall submit to Lessor Landlord in writing a punch list of items needing completing completion or correction. Lessor Landlord shall use its best reasonable efforts to complete such items within thirty (30) days after the receipt of such notice. In the event LesseeTenant, its employees, agents or contractors cause construction of such improvements to be delayed, the commencement date shall be deemed to be the date that, in the opinion of the architect or space planner that prepared the Plans, substantial completion would have occurred if such delays had not taken place. The taking of possession by Tenant shall be deemed to conclusively establish that the buildings and other improvements had been completed in accordance with the Plans, that the Promises are in good and satisfactory condition as of when possession was taken, and that Tenant has accepted such buildings and other improvements without representation or warrant) from Landlord. Upon Landlord's request, Tenant shall execute and deliver to Landlord a Lexxxx xx Acceptance ox xxxxvery of the Premises.

BUILDING TO BE CONSTRUCTED OR SHELL SPACE. If the Premises or part thereof are to be constructed, the commencement date shall be deemed to be the sooner of the date upon which the Premises and other improvements to be erected in accordance with the plans and specifications described on EXHIBIT Exhibit "BC" attached hereto and incorporated herein by reference (the "Plans") have been substantially completedcompleted or the date upon which the Tenant takes occupancy. As used herein, the term "substantially completed" shall mean mean, that in the opinion of the architect or space planner that prepared the Plans, such improvements have been completed in accordance with the Plans and the Premises are in good and satisfactory condition, subject only to completion of minor punch list items. As soon as such improvements have been substantially completed, Lessor Landlord shall notify Lessee Tenant in writing that the commencement date has occurred. Within ten (10) days thereafter, Lessee Tenant shall submit to Lessor Landlord in writing a punch list of items needing completing completion or correction. Lessor Landlord shall use its best reasonable efforts to complete such items within thirty (30) days after the receipt of such notice. In the event LesseeTenant, its employees, agents or contractors cause construction of such improvements to be delayed, the commencement date shall be deemed to be the date that, in the opinion of the architect or space planner that prepared the Plans, substantial completion would have occurred if such delays had not taken place. The taking of possession by Tenant shall be deemed to conclusively establish that the buildings and other improvements had been completed in accordance with the Plans, that the Premises are in good and satisfactory condition as of when possession was taken, and that Tenant has accepted such buildings and other improvements without representation or warranty from Landlord. Upon Landlord's request, Tenant shall execute and deliver to Landlord a Lxxxxx xx Acceptance xx xxxivery of the Premises.

BUILDING TO BE CONSTRUCTED OR SHELL SPACE. If the Premises or part thereof are to be constructed, the commencement date shall be deemed to be the date upon which the Premises and other improvements to be erected in accordance with the plans and specifications described on EXHIBIT Exhibit "B" attached hereto and incorporated herein by reference (the "Plans") have been substantially completed. As used herein, the term "substantially completed" shall mean mean, that in the opinion of the architect or space planner that prepared the Plans, such improvements have been completed in accordance with the Plans and the Premises are in good and satisfactory condition, subject only to completion of minor punch list items. As soon as such improvements have been substantially completed, Lessor shall notify Lessee in writing that the commencement date has occurred. Within ten (10) days thereafter, Lessee shall submit to Lessor in writing a punch list of items needing completing completion or correction. Lessor shall use its best efforts to complete such items within thirty (30) days after the receipt of such notice. In the event Lessee, its employees, agents or contractors cause construction of such improvements to be delayed, the commencement date shall be deemed to be the date that, in the opinion of the architect or space planner that prepared the Plans, substantial completion would have occurred if such delays had not taken place. 2.

BUILDING TO BE CONSTRUCTED OR SHELL SPACE. If the Premises or part thereof are to be constructed, the commencement date shall be deemed to be the date upon which the Premises and other improvements to be erected in accordance with the plans and specifications described on EXHIBIT Exhibit "B" attached hereto and incorporated herein by reference (the "Plans") have been substantially completed. As used herein, the term "substantially completed" shall mean mean, that in the opinion of the architect or space planner that prepared the Plans, such improvements have been completed in accordance with the Plans and the Premises are in good and satisfactory condition, subject only to completion of minor punch list items. As soon as such improvements have been substantially completed, Lessor shall notify Lessee in writing that the commencement date has occurred. Within ten (10) days thereafter, Lessee shall submit to Lessor in writing a punch list of items needing completing completion or correction. Lessor shall use its best efforts to complete such items within thirty (30) days after the receipt of such notice. In the event Lessee, its employees, agents or contractors cause construction of such improvements to be delayed, the commencement date shall be deemed to be the date that, in the opinion of the architect or space planner that prepared the Plans, substantial completion would have occurred if such delays had not taken place.

BUILDING TO BE CONSTRUCTED OR SHELL SPACE. If the Premises or part thereof are to be constructed, the commencement date shall be deemed to be the date upon which the Premises and other improvements to be erected in accordance with the plans and specifications described on EXHIBIT Exhibit "B" attached hereto and incorporated herein by reference (the "Plans") have been substantially completed. .] As used herein, the term "substantially completed" shall mean mean, the date on which the City of Bensenville issues a temporary or permanent certificate of occupancy for the premises, [that in the opinion of the architect or space planner that prepared the Plans, such improvements have been completed in accordance with the Plans Plans] and the Premises are in good and satisfactory condition, subject only to completion of minor punch list items. As soon as such improvements have been substantially completed, Lessor Landlord shall notify Lessee Tenant in writing that the commencement date has occurred. Within ten (10) days thereafter, Lessee Tenant shall submit to Lessor Landlord in writing a punch list of items needing completing completion or correction. Lessor Landlord shall use its best efforts to complete such items within thirty (30) days after the receipt of such notice. In the event LesseeTenant, its employees, employees agents or contractors cause construction of such improvements to be delayed, the commencement date shall be deemed to be the date that, in the opinion of the architect or space planner that prepared the Plans, substantial completion would have occurred if such delays had not taken place.