Common use of Completion of Tenant Improvements Clause in Contracts

Completion of Tenant Improvements. Tenant shall notify Landlord in writing when the Tenant Improvements have been Substantially Completed. Landlord shall thereupon have the opportunity to inspect the Premises in order to determine if the Premises have been Substantially Completed in accordance with the Tenant Plans. If the Tenant Improvements have not been Substantially Completed in accordance with the Tenant Plans, Landlord shall immediately following inspection, provide Tenant with written notification of the items deemed incorrect or incomplete. Tenant shall forthwith proceed to correct the incorrect or incomplete items. Notwithstanding anything to the contrary, the Tenant Improvements shall not be considered suitable for review by Landlord until all designated or required governmental inspections, permits and certifications necessary for the Tenant Improvements, including, but not limited to a temporary or final certificate of occupancy, have been made, given and/or posted. As used herein, the Tenant Improvements shall be deemed “Substantially Completed” when (i) the improvements have been completed in accordance with the Tenant Plans such that the Premises may be occupied by Tenant for the commencement of its business operations therein, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects which shall not disturb Tenant’s business operations and (ii) Tenant has procured a (temporary or permanent) certificate of occupancy permitting the uninterrupted occupancy of the Premises, if required by law.

Completion of Tenant Improvements. The Tenant Improvements shall notify Landlord in writing be deemed substantially completed ("Tenant Improvements Substantial Completion") when (i) the Tenant Improvements have been Substantially Completed. Landlord shall thereupon have the opportunity to inspect the Premises constructed in order to determine if the Premises have been Substantially Completed in accordance substantial conformance with the Tenant Plans. If the Tenant Improvements have not been Substantially Completed in accordance with the Tenant Plans, Landlord shall immediately following inspection, provide Tenant with written notification of the items deemed incorrect or incomplete. Tenant shall forthwith proceed to correct the incorrect or incomplete items. Notwithstanding anything to the contrary, the Tenant Improvements shall not be considered suitable for review by Landlord until all designated or required governmental inspections, permits and certifications necessary for the Tenant Improvements, including, but not limited to a temporary or final certificate of occupancy, have been made, given and/or posted. As used herein, the Tenant Improvements shall be deemed “Substantially Completed” when (i) the improvements have been completed in accordance with the Tenant Improvement Construction Plans such that the Premises may be occupied by Tenant for the commencement of its business operations therein, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects which shall not disturb Tenant’s business operations and (ii) Tenant the City of Carpinteria has procured issued a (temporary or permanent) certificate of occupancy permitting or temporary certificate of occupancy for the uninterrupted occupancy Premises or that portion of the Premises excluding the Data Center Premises; provided, however, if required by lawthe City of Carpinteria fails to issue a certificate of occupancy or temporary certificate of occupancy for either the Premises or that portion of the Premises excluding the Data Center because the Data Center is not completed, then a certificate of occupancy or temporary certificate of occupancy shall not be a condition precedent to achieving either Shell Substantial Completion or Tenant Improvement Substantial Completion. Tenant Improvement Substantial Completion shall be deemed to have been achieved even though "punch list" items still remain to be performed; provided, however, Lessor shall cause all "punch list" items to be corrected as soon a reasonably practical after the date of the Tenant Improvement Substantial Completion.

Completion of Tenant Improvements. Tenant Landlord shall notify Landlord in writing when be responsible for the construction of the Tenant Improvements have been Substantially Completed. Landlord shall thereupon have the opportunity to inspect the Premises in order to determine if the Premises have been Substantially Completed in accordance substantial conformance with the Tenant Plansapproved T.I. Plans and Specifications, subject to the terms and conditions of the Lease and this Work Letter. If the Tenant Improvements have not been Substantially Completed in accordance with the Tenant PlansUpon Substantial Completion (as such term is defined below), Landlord and Tenant shall immediately following inspection, provide Tenant with written notification conduct an inspection of the items deemed incorrect or incomplete. Tenant shall forthwith proceed Expansion Space and thereafter provide a “punchlist” identifying the corrective work of the type commonly found on an architectural punchlist with respect to correct the incorrect or incomplete items. Notwithstanding anything to the contrary, the Tenant Improvements shall not be considered suitable for review by Landlord until all designated or required governmental inspections, permits and certifications necessary for the Tenant Improvements, includingwhich list shall be based on whether such items were required by the approved T.I. Plans and Specifications, but not limited as reasonably determined by Landlord. Within five (5) business days after delivery of the punchlist, Landlord shall instruct Contractor to a temporary or final certificate commence the correction of occupancythe punchlist items and thereafter pursue such work to completion. The punchlist procedure to be followed by Landlord and Tenant shall in no way limit Tenant’s obligation to occupy the Expansion Space under the Lease (as amended by the Second Amendment) nor shall it in any way excuse Tenant’s obligation to pay Rent as provided under the Lease (as amended by the Second Amendment), have been madeunless such punchlist items actually preclude Tenant from occupying substantially all of the Expansion Space. Landlord warrants that, given and/or posted. As used hereinas of Landlord’s delivery of the Expansion Space to Tenant, the Tenant Improvements shall be deemed “Substantially Completed” when (i) the improvements have been completed in accordance compliance with the Tenant Plans such that the Premises may be occupied by Tenant for the commencement of its business operations therein, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects which shall not disturb Tenant’s business operations and (ii) Tenant has procured a (temporary or permanent) certificate of occupancy permitting the uninterrupted occupancy all laws applicable thereto as of the Premises, if required by lawissuance of the building permits therefor.