Completion of the Tenant Improvements. On or before the Target Commencement Date (subject to Tenant Delays and delays due to Force Majeure), Landlord shall substantially complete or cause to be substantially completed the Tenant Improvements in a good and workmanlike manner, in accordance with applicable Legal Requirements and the TI Permit subject, in each case, to Minor Variations and normal “punch list” items of a non-material nature that do not interfere with the use of the Premises (“Substantial Completion” or “Substantially Complete”). Upon Substantial Completion of the Tenant Improvements, Landlord shall require the TI architect and the general contractor to execute and deliver, for the benefit of Tenant and Landlord, a Certificate of Substantial Completion in the form of the American Institute of Architects (“AIA”) document G704. If required by applicable Legal Requirements, a certificate of occupancy (which may include a conditional certificate of occupancy) for the Tenant Improvements or permission to occupy issued by the appropriate municipal official shall be required for Substantial Completion; provided, however, that no delay on the part of the applicable Governmental Authority or municipal official in the issuance of such certificate of occupancy or permission to occupy, which delay arises from or relates to work by Tenant or its contractors, shall operate to delay Substantial Completion, and any such delay that arises from or relates to work by Tenant or its contractors shall be deemed to be a “Tenant Delay” under Section 3(f) below. If a conditional certificate of occupancy is issued, Landlord agrees to use commercially reasonable efforts to obtain the certificate of occupancy prior to the expiration of the conditional certificate of occupancy or obtain an extension of such conditional certificate of occupancy. For purposes of this Work Letter, “Minor Variations” shall mean any modifications reasonably required: (i) to comply with all applicable Legal Requirements and/or to obtain or to comply with any required permit (including the TI Permit); (ii) to comply with any request by Tenant for modifications to the Tenant Improvements; (iii) to comport with good design, engineering, and construction practices that are not material; or (iv) to make reasonable adjustments for field deviations or conditions encountered during the construction of Landlord’s Work. For purposes of this Work Letter and the Lease, Substantial Completion of the Base Building Work shall mean that Landlord’s c...
Completion of the Tenant Improvements. Upon completion of the Tenant ------------------------------------- Improvements, Lessee shall execute and deliver to Lessor a written acknowledgment that the Tenant Improvements have been accepted and are approved by Lessee, together with (i) copies of all final conditional lien releases and conditional waivers of all lien rights from the General Contractor and all subcontractors, (ii) copies of occupancy permits or similar documentation evidencing the completion of the improvements within the Premises, and (iii) "as built" plans depicting the Tenant Improvements. All items of Tenant Improvements constructed within the Premises shall be the property of Lessor and shall remain on the Premises at all times during the Term of the Lease, except as otherwise provided in the Lease.
Completion of the Tenant Improvements. COMMENCEMENT DATE
Completion of the Tenant Improvements. Tenant acknowledges that the financial success of the Building depends, in part, on Tenant’s opening the Premises for business on or before __________ [Insert appropriate date from ALTERNATIVE used in Section 3.1]described in Section 3.1 and that Xxxxxxxx’s damages arising from Tenant’s failure to do so are extremely difficult and impracticable to fix. Therefore, in the event Tenant’s initial opening for business in the Premises occurs after the Date Certain, commencing with the Date Certain and continuing until the date Tenant opens for business in the Premises, Tenant shall pay Landlord as liquidated damages, in addition to and not in lieu of Landlord’s other remedies, __________ percent (___%) of the daily Monthly Rent for each day, or fraction thereof, that Tenant fails to open and operate in the Premises as required under this Lease. Xxxxxx agrees that the aforementioned sums are fair compensation to Landlord for said damages. It is expressly agreed and understood that the payment of the aforementioned damages shall in no event relieve Tenant of its responsibility to pay Rent commencing on the Rent Commencement Date or prevent Landlord from pursuing its rights, remedies, and damages for any Event of Default by Tenant pursuant to Article 18 of this Lease.]
Completion of the Tenant Improvements. Following execution of the Lease, receipt of any additional funds as may be required pursuant to Paragraph 2.2 above, and issuance of all required permits and licenses, Landlord shall proceed with due diligence to construct the Tenant Improvements in a good workmanlike manner, in accordance with the Plans and all Laws. Landlord shall use its reasonable efforts to achieve Substantial Completion (as defined below) in a timely manner following mutual execution of the Lease. However, subject only to Section 7 below, Landlord shall not be liable for any direct or indirect damages as a result of delays in construction beyond Landlord’s control, including, without limitation, strikes, non-availability of materials or labor through ordinary sources, rain, fire, flood or any other inclement weather conditions, delays in governmental or quasi-governmental approvals, or Tenant Delays (as defined below). Exhibit “E”
Completion of the Tenant Improvements. (a) At such time as the Tenant Improvements shall be completed, Tenant, at its sole cost and expense and without cost to Landlord shall:
Completion of the Tenant Improvements. The Tenant Improvements shall be deemed complete upon (i) Tenant or Contractor, as Tenant shall elect, delivering to Landlord (a) properly executed unconditional mechanics lien releases from all of Tenant’s Agents in compliance with both California Civil Code Section 3262(d)(2) and either Section 3262(d)(3) or Section 3262(d)(4), as to all amounts previously paid by Tenant, (b) an application and certificate for payment (AIA form G702-1992 or equivalent) signed by the Architect/Space Planner, (c) a breakdown sheet (AIA form 3703-1992 or equivalent), (d) original stamped building permit plans, (e) copy of the building permit, (f) original stamped building permit inspection card with all final sign-offs, (g) a reproducible copy (in a form as reasonably approved by Landlord) of the “as built” drawings of the Tenant Improvements, (h) air balance reports, (i) excess energy use calculations, (j) one year warranty letters from Tenant’s Agents, (k) manufacturer’s warranties and operating instructions, (l) final punchlist completed and signed off by Tenant and the Architect/Space Planner, and (m) an acceptance of the Premises signed by Tenant (collectively, the “Final Closing Package”).
Completion of the Tenant Improvements. Tenant shall complete the Tenant Improvements described in the Final Plans prior to sixty (60) days after Lease execution. The Tenant Improvements shall be conclusively deemed to be substantially completed when all Tenant Improvements described in THE Final Plans are completed, except for minor items of work (e.g., punch list items) which can be completed with only minor interference with Tenant's conduct of business on the Leased Premises.
Completion of the Tenant Improvements. Landlord shall substantially complete or cause to be substantially completed Tenant Improvements in a good and workmanlike manner, in accordance with the TI Permit subject, in each case, to Minor Variations and normal “punch list” items of a non-material nature that do not interfere with the use of the Premises (“Substantial Completion” or “Substantially Complete”). Upon Substantial Completion of the Tenant Improvements, Landlord shall require the TI Architect and the general contractor to execute and deliver, for the benefit of Tenant and Landlord, a Certificate of Substantial Completion in the form of the American Institute of Architects (“AIA”) document G704. For purposes of this Work Letter, “Minor Variations” shall mean any modifications reasonably required: (i) to comply with all applicable Legal Requirements and/or to obtain or to comply with any required permit (including the TI Permit); (ii) to comply with any request by Tenant for modifications to the Tenant Improvements; (iii) to comport with good design, engineering, and construction practices that are not material; or (iv) to make reasonable adjustments for field deviations or conditions encountered during the construction of the Tenant Improvements.
Completion of the Tenant Improvements. Upon the earlier of such time as the Tenant Improvements shall be completed or 18 months after the Commencement Date, Tenant, at Tenant’s expense, shall:
