Common use of Completion of Tenant Improvements Clause in Contracts

Completion of Tenant Improvements. Tenant shall complete such Tenant Improvements in all respects in accordance with the provisions of this Lease. The applicable Tenant Improvements shall be deemed completed at such time as Tenant shall furnish to Landlord: (a) A certificate of occupancy from the City of San Diego for such Tenant Improvements; (b) Either (i) a final unconditional waiver of liens from each contractor and any other individual or entity for whom payment is requested in connection with such Tenant Improvements and their respective subcontractors, if any (other than contractors and any other individuals or entities and their respective subcontractors, if any, requesting payment of less than One Thousand Five Hundred Dollars ($1,500)), in the form prescribed by Section 3626 of the California Civil Code which provides that such individual or entity, as applicable, unconditionally waives and releases all mechanics’ liens and other similar encumbrances, stop notices and bond rights with respect to all work performed by such individual or entity, as applicable (the “Building E Unconditional Waiver”), except to the extent Tenant does not receive any unconditional waivers of liens from any contractors and other individuals or entities and their respective subcontractors, if any, for whom payment is requested in connection with such work and the lien period has lapsed without any such contractors or other individuals or entities and their respective subcontractors, if any, recording mechanics liens; or (ii) Tenant posts a bond in an amount sufficient to ensure full payment of any mechanic’s liens and other similar encumbrances for which Landlord has not received a Building E Unconditional Waiver, including any potential interest, late charge or penalties; (c) All other certifications and approvals with respect to such Tenant Improvements that may be required from any Governmental Authority and any board of fire underwriters or similar body for the use and occupancy of the Expansion Building;

Completion of Tenant Improvements. Tenant shall complete such Tenant Improvements in all respects in accordance with the provisions of this Lease. The applicable Tenant Improvements shall be deemed completed at such time as Tenant shall furnish to Landlord: (a) A certificate of occupancy from the City of San Diego for such Tenant Improvements; (b) Either (i) a final unconditional waiver of liens from each contractor and any other individual or entity for whom payment is requested in connection with such Tenant Improvements and their respective subcontractors, if any (other than contractors and any other individuals or entities and their respective subcontractors, if any, requesting payment of less than One Thousand Five Hundred Dollars ($1,500)), in the form prescribed by Section 3626 of the California Civil Code which provides that such individual or entity, as applicable, unconditionally waives and releases all mechanics’ liens and other similar encumbrances, stop notices and bond rights with respect to all work performed by such individual or entity, as applicable (the “Building E G Unconditional Waiver”), except to the extent Tenant does not receive any unconditional waivers of liens from any contractors and other individuals or entities and their respective subcontractors, if any, for whom payment is requested in connection with such work and the lien period has lapsed without any such contractors or other individuals or entities and their respective subcontractors, if any, recording mechanics liens; or (ii) Tenant posts a bond in an amount sufficient to ensure full payment of any mechanic’s liens and other similar encumbrances for which Landlord has not received a Building E G Unconditional Waiver, including any potential interest, late charge or penalties; (c) All other certifications and approvals with respect to such Tenant Improvements that may be required from any Governmental Authority and any board of fire underwriters or similar body for the use and occupancy of the Expansion Building; (d) Complete “as-built” drawing print sets and electronic CADD files on disc showing such Tenant Improvements to the extent Tenant obtains such files (or files in such other format as Tenant maintains for its records); (e) Upon Landlord’s request, documentation showing the amounts expended by Tenant with respect to such Tenant Improvements, together with supporting documentation reasonably acceptable to Landlord; and (f) A Certificate of Substantial Completion in the form of the American Institute of Architects document G704, or such other form reasonably approved by Landlord, executed by the project architect and the general contractor.