Common use of Completion by Landlord Clause in Contracts

Completion by Landlord. Prior to Tenants occupancy, Landlord shall clean throughout the Premises, repair any damaged areas, if any exist, and test all mechanical and electrical systems so that they are in good working order. All necessary construction shall be commenced promptly and shall, subject to Paragraph 5 hereof, be substantially completed and ready for use and occupancy by Tenant on the Commencement Date; provided, however, that the time for substantial completion of the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord’s contractors, subcontractors or suppliers due to strikes or other labor troubles not caused by the Landlord, governmental restrictions and limitations, scarcity, unavailability or delays in obtaining fuel, labor or materials, war or other national emergency, accidents, floods, defective materials, fire damage or other casualties, weather conditions, holdovers by any previous occupant of the Premises, or any cause similar or dissimilar to the foregoing that is beyond the reasonable control of Landlord. All construction shall be done in a good and workmanlike manner by Landlord or Landlord’s contractors and shall comply at the time of completion with all applicable laws, ordinances, regulations and orders of the federal, state, county or other governmental authorities having jurisdiction thereof. Tenant shall not interfere with or delay the work to be performed hereunder by Landlord, or the contractors and workmen engaged in the work to be performed hereunder by Landlord, and Tenant shall obtain Landlord’s written consent prior to installing any of its furnishings or equipment. Tenant will be responsible for all costs resulting from any additional work not provided for in the Tenant Improvement Work Agreement, including but not limited to architectural and engineering charges, which costs shall be paid by Tenant on or before occupancy of the Premises, or as otherwise provided in the Tenant Improvement Work Agreement. Tenant’s occupancy of the Premises shall constitute acceptance of the work performed by Landlord pursuant to this Paragraph 4.

Completion by Landlord. Prior to Tenants occupancy, Landlord The Premises shall clean throughout be completed in accordance with the Premises, repair any damaged areas, if any exist, and test all mechanical and electrical systems so that they are in good working orderplans attached hereto as Exhibit "B" (herein called the "Plans"). All necessary construction shall be commenced promptly and shall, subject to Paragraph 5 hereof, shall be substantially completed and ready for use and occupancy by Tenant on the Commencement Date; provideddate set forth in Article 3. Provided, however, that the time for substantial completion of the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord’s 's contractors, subcontractors or suppliers due to strikes or other labor troubles not caused by the Landlordtroubles, governmental restrictions and limitations, scarcity, unavailability or delays in obtaining fuel, labor or materials, war or other national emergency, accidents, floods, defective materials, fire damage or other casualties, adverse weather conditions, holdovers by any previous occupant of the Premises, or any cause similar or dissimilar to the foregoing that is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppliers. All construction shall be done in a good and workmanlike manner by Landlord or Landlord’s contractors and shall comply at the time of completion Completion with all applicable and lawful laws, ordinances, regulations and orders of the federal, state, county or other governmental authorities having jurisdiction thereof. Tenant and its authorized agents, employees and contractors shall have the right, at Tenant's own risk, expense and responsibility, at all reasonable times prior to the Commencement Date as hereinafter deemed, to enter the Premises for the purpose of taking measurements and installing its furnishings and equipment provided that Tenant, in so doing, shall not interfere with or delay the work to be performed hereunder by Landlord, or and Tenant shall use contractors and workmen compatible with the contractors and workmen engaged in the work to be performed hereunder by Landlord, and Tenant shall obtain have obtained Landlord’s 's written consent prior to installing any of its furnishings or equipment. Tenant will be responsible for all costs resulting from any additional work not provided for in the is permitted to install computer and telephone wiring during and after Tenant Improvement Work Agreement, including but not limited to architectural and engineering charges, which costs shall be paid by Tenant on or before occupancy of the Premises, or as otherwise provided in the Tenant Improvement Work Agreement. Tenant’s occupancy of the Premises shall constitute acceptance of the work performed by Landlord pursuant to this Paragraph 4build-out.

Completion by Landlord. Prior The Premises shall be completed by Landlord in accordance with the plans attached hereto as Exhibit B (herein called the Plans) and the specifications attached hereto as Exhibit C (herein called the Specifications) and to Tenants occupancy, the extent required by the work letter attached hereto as Exhibit “D”; the cost of which shall be reimbursed to Landlord shall clean throughout by Tenant in accordance with the Premises, repair any damaged areas, if any exist, and test all mechanical and electrical systems so that they are in good working orderterms of Exhibit “D”. All necessary construction shall be commenced promptly and shall, subject to Paragraph 5 hereof, shall be substantially completed and Substantially Completed (as defined below) ready for use and occupancy by Tenant on the Commencement Date; provideddate set forth in Article 3. Provided, however, that the time for substantial completion Substantial Completion of the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord’s contractors, subcontractors or suppliers which are not within the reasonable control of such parties and which are due to strikes or other labor troubles not caused by the Landlordtroubles, governmental restrictions and limitations, scarcity, unavailability or delays in obtaining fuel, labor or materials, war or other national emergency, accidents, floods, defective materials, fire damage or other casualties, adverse weather conditions, holdovers by any previous occupant of the Premises, or any cause similar or dissimilar to the foregoing that is beyond the reasonable control of Landlord or Landlord’s contractors, subcontractors or suppliers (any of the foregoing being referred to herein as “Force Majeure Delay”). All construction shall be done in a good and 062113 workmanlike manner by Landlord or Landlord’s contractors and shall comply at the time of completion with all applicable and lawful laws, ordinances, regulations and orders of the federal, state, county or other governmental authorities and private agreements affecting the Premises (collectively, “Governmental Requirements”) having jurisdiction thereof. Landlord hereby warrants and guarantees the Premises against defective workmanship and materials for the one (1) year period following completion of the Premises (including punchlist items), including specifically, without limitation, that (i) the materials and equipment furnished by Landlord’s contractors in the completion of the Premises will be of good quality and new, (ii) the Premises will be constructed in accordance with the final Specifications (as adjusted by approved change orders) in a good and workmanlike manner, (iii) such materials and equipment and the work of such contractors shall be first quality new materials, free from defects not inherent in the quality required or permitted hereunder; and (iv) the Premises shall be delivered to Tenant free of all mechanics’ and materialmen’s liens and encumbrances and in compliance with all legal requirements. Landlord shall also pass through to Tenant all materialman and equipment warranties for the Premises received by Landlord. Tenant and its authorized agents, employees and contractors shall have the right, at Tenant’s own risk, expense and responsibility, at all reasonable times prior to the Commencement Date as hereinafter defined, to enter the Premises for the purpose of taking measurements and installing its furnishings and equipment; provided that Tenant, in so doing, shall not interfere with or delay the work to be performed hereunder by Landlord, or and Tenant shall use contractors and workmen compatible with the contractors and workmen engaged in the work to be performed hereunder by Landlord, and Tenant shall obtain have obtained Landlord’s written consent consent, not to be unreasonably withheld, conditioned or delayed prior to installing any of its furnishings or equipment. Prior to the commencement of any work, Tenant will be responsible for shall furnish to Landlord the certificates of insurance and shall comply with all costs resulting from any additional work not provided for requirements set forth in the Tenant Improvement Work Agreement, including but not limited to architectural and engineering charges, which costs shall be paid by Tenant on or before occupancy of the Premises, or Construction Insurance Requirements attached as otherwise provided in the Tenant Improvement Work Agreement. Tenant’s occupancy of the Premises shall constitute acceptance of the work performed by Landlord pursuant to this Paragraph 4.Exhibit E.

Completion by Landlord. Prior The Premises shall be completed in accordance with the plans to Tenants occupancy, Landlord shall clean throughout be attached hereto as Exhibit "B" (herein call the Premises, repair any damaged areas, if any exist, "Plans") and test all mechanical and electrical systems so that they are in good working orderthe specifications to be attached hereto as Exhibit "C" (herein call the "Specifications"). All necessary construction shall be commenced promptly and shall, subject to Paragraph 5 hereof, shall be substantially completed and ready for use and occupancy by Tenant on the Commencement Date; provideddate set forth in Article 3. Provided, however, that the time for substantial completion of the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord’s 's contractors, subcontractors or suppliers due to strikes or other labor troubles not caused by the Landlordtroubles, governmental restrictions and limitations, scarcity, unavailability or delays in obtaining fuel, labor or materials, war or other national emergency, accidents, floods, defective materialsmaterial, fire damage or other casualties, adverse weather conditions, holdovers by any previous occupant of the Premises, or any cause similar or dissimilar to the foregoing that is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppliers. ("Force Majeure"). All construction shall be done in a good and workmanlike manner by Landlord or Landlord’s contractors and shall comply at the time of completion with all applicable and lawful laws, ordinances, regulations and orders of the federal, state, county or other governmental authorities having jurisdiction thereof. , Tenant and its authorized agents, employees and contractors shall have the right, at Tenant's own risk, expense and responsibility at all reasonable times prior to the Commencement Date as hereinafter defined, to enter the Premises for the purpose of taking measurements and installing its furnishings and equipment; provided that Tenant, in so doing, shall not interfere with or delay the work to be performed hereunder by Landlord, or and Tenant shall use contractors and workmen compatible with the contractors and workmen engaged in the work to be performed hereunder by Landlord, and Tenant shall obtain have obtained Landlord’s 's written consent prior to installing any of its furnishings or equipment. Tenant will be responsible for all costs resulting from any additional work not provided for in the Tenant Improvement Work Agreement, including but not limited Landlord hereby consents to architectural and engineering charges, which costs shall be paid by Tenant on or before occupancy Tenant's installation of the Premises, or as otherwise provided in the Tenant Improvement Work Agreementfurnishings and equipment described on Exhibit E hereto. Tenant’s occupancy of the Premises shall constitute acceptance of the work performed by Landlord pursuant to this Paragraph 4See Rider.

Completion by Landlord. Prior to Tenants occupancy, Landlord The Premises shall clean throughout be completed in accordance with the Premises, repair any damaged areas, if any exist, and test all mechanical and electrical systems so that they are in good working orderspecifications attached hereto as Exhibit "C" (herein called the "Specifications"). All necessary construction shall be commenced promptly and shall, subject to Paragraph 5 hereof, shall be substantially completed and ready for use and occupancy by Tenant on 90 days after the Commencement Date; provideddate set forth in Article 3. Provided, however, that the time for substantial completion of the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord’s 's contractors, subcontractors or suppliers due to strikes or other labor troubles not caused by the Landlordtroubles, governmental restrictions and limitations, scarcity, unavailability or delays in obtaining fuel, labor or materials, war or other national emergency, accidents, floods, defective materials, fire damage or other casualties, adverse weather conditions, holdovers by any previous occupant of the Premises, or any cause similar or dissimilar to the foregoing that is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppler. ("Fore Majeure Delays") All construction shall be done in a good and workmanlike manner by Landlord or Landlord’s contractors and shall comply at the time of completion with all applicable and lawful laws, ordinances, regulations and orders of the federal, state, county or other governmental authorities having jurisdiction thereof. Tenant and its authorized agents, employees and contractors shall not have the right, at Tenant's own risk, expense and responsibility, at all reasonable times prior to the Commencement Date as hereinafter defined, to enter the Premises for the purpose of taking measurements, undertaking its demolition and fit up and installing its furnishings equipment; provided that neither party shall interfere with or delay the work to be performed hereunder by Landlord, or the contractors and workmen engaged in the work to be performed hereunder by Landlord, and Tenant shall obtain Landlord’s written consent prior to installing any . See continuation of its furnishings or equipmentArticle 2 attached hereto. Tenant will be responsible for all costs resulting from any additional work not provided for in the Tenant Improvement Work Agreement, including but not limited to architectural and engineering charges, which costs shall be paid by Tenant on or before occupancy of the Premises, or as otherwise provided in the Tenant Improvement Work Agreement. Tenant’s occupancy of the Premises shall constitute acceptance of the work performed by Landlord pursuant to this Paragraph 4See Article 3 attached hereto.

Completion by Landlord. Prior The Premises shall be completed by Landlord in accordance with the plans referenced upon Exhibit B (herein called the “Plans”) and the specifications referenced upon Exhibit C (herein called the “Specifications”) and to Tenants occupancythe extent required by the work attached hereto as Exhibit “D” (the “Work Letter”) the cost of which shall be reimbursed to Landlord by Tenant in accordance with the terms of Exhibit “D”. As of the date of this Lease, Landlord shall clean throughout has commenced construction of the Premises, repair any damaged areas, if any exist, Building and test all mechanical and electrical systems so that they are in good working orderrelated improvements pursuant to its obligations under the Prior Lease. All necessary construction work to be completed by Landlord pursuant to this Lease and the Work Letter is referred to as “Landlord’s Work”. Notwithstanding the foregoing, the Landlord shall not within the Expansion Space as shown on Exhibit “A-1”: (i) construct any Tenant improvements as part of the Landlord’s Work for the Premises Fitout, or (ii) construct any interior improvements as part of Landlord’s Work. Tenant agrees to take the Expansion Space in its present “As-Is” and “Where-Is” condition, subject only to Landlord Repair Items (defined below). Tenant shall be commenced promptly and shallresponsible for all finish work in the Expansion Space, subject to Paragraph 5 hereofthe Landlord approvals as required in the Work Letter. Landlord will diligently pursue completion of Landlord’s Work, and shall cause the occurrence of Substantial Completion of Landlord’s Work on or before October 27, 2014 (the “Estimated Completion Date”) If Landlord fails to achieve Substantial Completion of Landlord’s Work by the Estimated Completion Date, Tenant shall receive a suspension of Base Rent equal to one day of Base Rent for each day Substantial Completion of Landlord’s Work was delayed beyond the Estimated Completion Date not due to Tenant Delay (as hereinafter defined) and there shall be an extension of the term of this lease for each day for which a suspension against Base Rent has been given. In addition, Tenant shall not be required to pay Impositions attributable to the period following the Estimated Completion Date until the date on which Substantial Completion of Landlord’s Work has occurred. For purposes of this Lease, “Substantial Completion” shall mean (a) Landlord’s Work has been substantially completed in accordance with the plans and ready specifications referenced on Exhibits B and C, except for minor finish and punch-list work that will not prevent the Tenant’s use and occupancy by Tenant on the Commencement Date; provided, however, that the time for substantial completion of the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord’s contractors, subcontractors or suppliers due to strikes or other labor troubles not caused by the Landlord, governmental restrictions and limitations, scarcity, unavailability or delays in obtaining fuel, labor or materials, war or other national emergency, accidents, floods, defective materials, fire damage or other casualties, weather conditions, holdovers by any previous occupant of the Premises, or any cause similar or dissimilar and (b) a certificate of use and occupancy has been issued for the Premises by the Township of West Whiteland. If the date of Substantial Completion is delayed as a result of: (i) changes requested by Tenant to the foregoing Plans and Specifications after the date hereof; (ii) Tenant’s failure to complete Tenant’s work in a timely manner; (iii) Tenant’s failure to make payments to Landlord in a timely manner; (iv) Tenant’s actions causing a delay in connection with obtaining necessary governmental approvals or certificates, or (v) as the result of the wrongful actions or omissions of Tenant (“Tenant Delay”), then Substantial Completion will be deemed to have occurred on the date that Substantial Completion would have occurred if not for such Tenant Delay. It is beyond agreed that the reasonable control suspension of Landlordrent and extension of the term shall be Tenant’s exclusive remedy in the event of the failure of Substantial Completion on or before the Estimated Completion Date. All construction shall be done in a good and workmanlike manner by Landlord or Landlord’s contractors and shall comply at the time of completion with all applicable and lawful laws, ordinances, regulations and orders of the federal, state, county or other governmental authorities and private agreements affecting the Premises (collectively, “Governmental Requirements”) having jurisdiction thereof. Landlord hereby warrants and guarantees the Premises against defective workmanship and materials for the one (1) year period following completion of the Premises (including punchlist items), including specifically, without limitation, that (i) the materials and equipment furnished by Landlord’s contractors in the completion of the Premises will be of good quality and new, (ii) the Premises will be constructed in accordance with the final Specifications (as adjusted by approved change orders) in a good and workmanlike manner, (iii) such materials and equipment and the work of such contractors shall be first quality new materials, free from defects not inherent in the quality required or permitted hereunder; and (iv) the Premises shall be delivered to Tenant free of all mechanics’ and materialmen’s liens and encumbrances and in compliance with all legal requirements (“Landlord’s Warranty”). Landlord shall also pass through to Tenant all materialman and equipment warranties for the Premises received by Landlord. Tenant and its authorized agents, employees and contractors shall have the right, at Tenant’s own risk, expense and responsibility, at all reasonable times prior to the Commencement Date as hereinafter defined, to enter the Premises for the purpose of taking measurements and installing its furnishings and equipment; provided that Tenant, in so doing, shall not interfere with or delay the work to be performed hereunder by Landlord, or and Tenant shall use contractors and workmen compatible with the contractors and workmen engaged in the work to be performed hereunder by Landlord, and Tenant shall obtain have obtained Landlord’s written consent consent, not to be unreasonably withheld, conditioned or delayed prior to installing any of its furnishings or equipment. Tenant will be responsible for all costs resulting from Prior to the commencement of any additional work not provided for in the Tenant Improvement Work Agreementwork, including including, but not limited to architectural any work upon the Expansion Space, Tenant shall furnish to Landlord the certificates of insurance and engineering charges, which costs shall be paid by Tenant on or before occupancy of the Premises, or as otherwise provided comply with all requirements set forth in the Tenant Improvement Work Agreement. Tenant’s occupancy of the Premises shall constitute acceptance of the work performed by Landlord pursuant to this Paragraph 4.Construction Insurance Requirements attached as Exhibit E.

Completion by Landlord. Prior (a) The Premises shall be completed in accordance with the plans, which shall include but not be limited to Tenants occupancycivil, Landlord shall clean throughout architectural, structural, mechanical, electrical, plumbing and fire protection plans, attached hereto as Exhibit "B" (herein called the Premises"Plans") and the specifications attached hereto as Exhibit "C" (herein called the "Specifications") (collectively, repair any damaged areas, if any exist, and test all mechanical and electrical systems so that they are in good working order"Landlord's Work"). All necessary construction shall be commenced promptly and shallshall be Substantially Completed (as hereinafter defined) promptly and with due diligence in accordance with the time periods set forth herein, subject to Paragraph 5 hereof, be substantially completed and ready for use and occupancy by Tenant on the Commencement Date; provideddate set forth in Article 3. Provided, however, that the time for substantial completion Substantial Completion of the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord’s 's contractors, subcontractors or suppliers due to strikes or other labor troubles not caused by the Landlordtroubles, governmental restrictions and limitations, scarcity, unavailability or delays in obtaining fuel, labor or materials, war or other national emergency, accidents, floods, defective materials, fire damage or other casualties, adverse weather conditions, holdovers by any previous occupant of the Premises, or any cause similar or dissimilar to the foregoing that is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppliers (collectively, "Force Majeure Events"). All construction shall be done in a good and workmanlike manner by Landlord or Landlord’s contractors and shall comply at the time of completion with all Permitted Encumbrances (as hereinafter defined), applicable and lawful laws, ordinances, regulations and orders of the federal, state, county or other governmental authorities having jurisdiction thereof. Tenant and its authorized agents, employees and contractors shall have the right, at Tenant's own risk, expense and responsibility at all reasonable times prior to the Commencement Date as hereinafter defined, to enter the Premises for the purpose of taking measurements, installing its furnishings and equipment and performing the work described on Exhibit "D" attached hereto (collectively, "Tenant's Work"); provided that Tenant, in so doing, shall not unreasonably interfere with or delay the work to be performed hereunder by Landlord, or and Tenant shall use contractors and workmen compatible with the contractors and workmen engaged in the work to be performed hereunder by Landlord, and Tenant shall obtain have obtained Landlord’s 's written consent prior to installing any of its furnishings or equipment. Tenant will be responsible for all costs resulting from any additional work fixtures not provided for in the Tenant Improvement Work Agreement, including but not limited to architectural and engineering charges, which costs shall be paid by Tenant on or before occupancy of the Premises, or as otherwise provided in the Tenant Improvement Work Agreement. Tenant’s occupancy of the Premises shall constitute acceptance of the work performed by Landlord pursuant to this Paragraph 4expressly authorized hereby.