Common use of COMPLETION; TENANT DELAY Clause in Contracts

COMPLETION; TENANT DELAY. (a) As used herein, the term "Substantial Completion of the Tenant Improvements" shall be deemed to mean the date when all of the following shall have occurred: (i) Landlord shall have delivered to Tenant a certificate of occupancy issued by the City of Sunnyvale for the Leased Premises, or Tenant may legally occupy the Leased Premises for the operation of its business without violating any law or regulation or voiding or adversely affecting its insurance coverage, whether pursuant to a temporary certificate of occupancy or otherwise; and (ii) Landlord shall have substantially completed construction of the Base Building substantially in accordance with the Base Building Plans and all Tenant Improvements substantially in accordance with the Final Plans, subject only to the completion of reasonable punch list items, which, in the absence of manifest error, shall be established by a certificate executed by Landlord's architect certifying that such state of completion has been achieved. Without limiting the generality of the foregoing, "Substantial Completion of the Tenant Improvements" shall not be deemed to have been achieved unless and until (i) the building systems, including roof, plumbing, HVAC, sprinkler, electrical (including panels and outlets), doors (both personnel and shipping), lighting, ceiling tiles, and window coverings are in good working order, (ii) the interior and exterior of the Building are in compliance with all applicable Laws, (iii) all debris and clutter has been removed from the Leased Premises and final cleanup completed, (iv) exterior windows are washed inside and out, and (v) parking lot and landscaping are in good condition and free of debris, clutter and all construction equipment. After substantial completion of the Tenant Improvements and delivery of the Leased Premises to Tenant, Landlord and Tenant shall execute a Lease Commencement Date Certificate in the form attached as Exhibit "C" to the Lease.

COMPLETION; TENANT DELAY. (a) As used herein, the term "Substantial Completion of Landlord shall complete the Tenant Improvements" shall be deemed to mean the date when all of the following shall have occurred: (i) Landlord shall have delivered to Tenant a certificate of occupancy issued by the City of Sunnyvale for the Leased Premises, or Tenant may legally occupy the Leased Premises for the operation of its business without violating any law or regulation or voiding or adversely affecting its insurance coverage, whether pursuant to a temporary certificate of occupancy or otherwise; and (ii) Landlord shall have substantially completed construction of the Base Building substantially Improvements in accordance with the Base Building Plans a schedule to be developed by Landlord and all reasonably approved by Tenant Improvements substantially in accordance with the Final Plans, subject only prior to the completion commencement of reasonable punch list items, which, in the absence of manifest error, shall be established by a certificate executed by Landlord's architect certifying that such state of completion has been achieved. Without limiting the generality of the foregoing, "Substantial Completion of the Tenant Improvements" shall not be deemed to have been achieved unless and until (i) the building systems, including roof, plumbing, HVAC, sprinkler, electrical (including panels and outlets), doors (both personnel and shipping), lighting, ceiling tiles, and window coverings are in good working order, (ii) the interior and exterior of the Building are in compliance with all applicable Laws, (iii) all debris and clutter has been removed from the Leased Premises and final cleanup completed, (iv) exterior windows are washed inside and out, and (v) parking lot and landscaping are in good condition and free of debris, clutter and all construction equipmentconstruction. After substantial completion of the Tenant Improvements (as certified by Landlord's Architect), Tenant shall have ten (10) days to inspect the Tenant Improvements and delivery develop a punch list of items for completion prior to any obligation for Tenant to accept the Tenant Improvements and pay any sums due from Tenant in connection with such work, to the extent the cost of such work is in excess of the Tenant Improvement Allowance. After such ten (10) day period, if Tenant shall not have provided such a punchlist, Tenant shall be deemed to have accepted the Leased Premises as being in the condition called for hereunder. (b) "Tenant Delay" shall mean: (i) Tenant's failure to furnish the information, instructions and plans required in paragraph 3 or approve the Working Drawings, within the applicable time periods specified in paragraph 3; or (ii) Any changes in the scope of the Tenant Improvements from that set forth in the Space Planning Documents, or any Changes to the Working Drawings requested by Tenant after approval thereof pursuant to paragraph 5 (including without limitation Tenant Changes which are requested but not subsequently approved by Tenant pursuant to paragraph 5); or (iii) Any interruption or interference in Landlord's construction of the Tenant Improvements caused by Tenant, Landlord and its contractors or its vendors; or (iv) Tenant's failure to timely pay any amounts which Tenant shall execute a Lease Commencement Date Certificate in the form attached is obligated to pay under this Work Letter; or (v) Any other act, neglect, failure or omission of Tenant, its agents, employees or contractors (items (i) through (v) above being collectively referred to as Exhibit "C" to the LeaseTenant Delays"). 8.

COMPLETION; TENANT DELAY. (a) As used herein, the term "Substantial Completion Completion" of the Tenant Improvements" TIs shall be deemed to mean the date when all of the following shall have occurred: (i) Landlord shall have delivered to Tenant a certificate of occupancy issued by the City of Sunnyvale Oakland for the relevant portion of the Leased Premises, or Tenant may legally occupy the Leased Premises for the operation of its business without violating any law or regulation or voiding or adversely affecting its insurance coverage, whether pursuant to a temporary certificate of occupancy or otherwise; and (ii) Landlord Tenant's Architect shall have certified to Tenant that Landlord's Contractor has substantially completed construction of the Base Building all TIs substantially in accordance with the Base Building Plans and all Tenant Improvements substantially in accordance with the Final PlansWorking Drawings, subject only to the completion of reasonable punch list items, which, in items which do not impair Tenant's ability to use the absence Leased Premises for the conduct of manifest error, shall be established by a certificate executed by Landlord's architect certifying that such state of completion has been achievedits business. Without limiting the generality of the foregoing, "Substantial Completion Completion" of the Tenant Improvements" TIs shall not be deemed to have been achieved unless and until (i) the building systems, including roof, plumbing, HVAC, sprinkler, electrical (including panels and outlets), doors (both personnel and shipping), lighting, ceiling tiles, and window coverings are in good working order, (ii) the interior and exterior of the Building are in compliance with all applicable Laws, (iii) all debris and clutter has been removed from the relevant portion of Leased Premises and final cleanup completed, (iv) exterior windows are washed inside and out, and (v) parking lot and landscaping Outside Areas are in good condition and free of debris, clutter and all construction equipment. After substantial completion of the Tenant Improvements in the Original Build-out Space and delivery of the Leased Premises thereof to Tenant, Landlord and Tenant shall execute a Lease Commencement Date Certificate in the form attached as Exhibit "C" to the Lease.