Common use of Construction Completion Procedures Clause in Contracts

Construction Completion Procedures. (a) Upon Substantial Completion of the Initial or Phased Improvements, Developer must submit to NPS a notice of such completion. (b) Upon completion of the construction of the Initial Improvements and each phase of the Phased Improvements, Developer must deliver to NPS evidence, satisfactory to NPS, of payment of all costs, expenses, liabilities and liens arising out of or in any way connected with such construction (except for liens that are contested in the manner provided for in this Agreement). (c) Upon completion of the construction of the Initial Improvements and each phase of the Phased Improvements, Developer must provide to NPS a complete set of "as-built" drawings showing clearly all changes, revisions and substitutions during construction, including, without limitation, field changes and the final location of all mechanical equipment, utility lines (including shut-offs or disconnects), ducts, outlets, structural members, walls, partitions and other significant features constructed or installed in an electronic format acceptable to the NPS. (d) Upon completion of the Initial Improvements and each phase of the Phased Improvements, Developer must provide NPS with a complete written inventory of all fixtures (as defined in the Lease) which inventory will be subject to NPS' written approval. (e) NPS will issue a Certificate of Occupancy after Substantial Completion of Initial Improvements and each phase of the Phased Improvements subject to "punch-list" items and upon final review to NPS' satisfaction of the applicable Construction Documents, including all tests, inspections, progress reports, and other pertinent documents customarily required by the jurisdiction in which the Project is located for the issuance of such a document. NPS and Developer must coordinate and consult on final issues in advance of the completion of the Initial Improvements and each phase of the Phased Improvements to enable NPS to promptly issue the Certificate of Occupancy. (f) NPS may issue a Conditional Certificate of Occupancy at the request of Developer when the Initial Improvements or each phase of the Phased Improvements is completed to the point that Developer can commence pre-opening operations in the applicable area without threat to life or safety. Developer may operate the applicable portion of the Premises under a Conditional Certificate of Occupancy if the Conditional Certificate of Occupancy authorizes such operations and provided that all construction necessary for the safe operation of the applicable portion of the Premises and the protection of the life and safety of all members of the public coming on the applicable portion of the Premises has been completed, in accordance with all Applicable Laws, the terms of this Agreement, and the Lease. (g) Except as expressly permitted by NPS' prior written approval, in no event will Developer open any applicable portion of the Premises to the public without either (i) the issuance of a Certificate of Occupancy or (ii) the issuance of a Conditional Certificate of Occupancy.

Construction Completion Procedures. (a) Upon Substantial Completion of the renovation, Rehabilitation, and development of the Initial or Phased Improvements, Developer must shall submit to NPS a notice of such completion. (b) Upon completion of the construction of the Initial Improvements and each phase of the Phased Initial Improvements, Developer must shall deliver to NPS evidence, satisfactory to NPS, of payment of all costs, expenses, liabilities and liens arising out of or in any way connected with such construction (except for liens that are contested in the manner provided for in this Agreement). (c) Upon On completion of the construction of the Initial Improvements and each phase of the Phased Improvements, Developer must shall provide to NPS a complete set of "“as-built" ” drawings showing clearly all changes, revisions and substitutions during construction, including, without limitation, field changes and the final location of all mechanical equipment, utility lines (including shut-offs or disconnects)lines, ducts, outlets, structural members, walls, partitions and other significant features constructed or installed of the Initial Improvements, all in an electronic a format acceptable to as required by the NPSGGNRA Project Handbook. (d) Upon On completion of the Initial Improvements and each phase of the Phased Initial Improvements, Developer must shall provide NPS with a complete written inventory of all fixtures Fixtures and Trade Fixtures (as defined in the Lease) which inventory will shall be subject to NPS' ’ written approval. (e) NPS will issue a Certificate of Occupancy after Substantial Completion of the Initial Improvements and each phase of the Phased Improvements subject to "“punch-list" ” items and upon final review to NPS' ’ reasonable satisfaction of the applicable Construction Documentsconstruction documents, including all tests, inspections, progress reports, and other pertinent documents customarily required by the jurisdiction in which the Project is located for the issuance of such a document. NPS and Developer must shall coordinate and consult on final issues in advance of the completion of the Initial Improvements and each phase of the Phased Improvements to enable NPS to promptly issue the Certificate of Occupancy. (f) NPS may issue a Conditional Temporary Certificate of Occupancy at the request of Developer when the Initial Improvements or each phase of the Phased Improvements is are completed to the point that Developer can commence pre-opening operations in the applicable area without threat to life or safety. Developer may operate the applicable portion of the Premises under a Conditional Temporary Certificate of Occupancy if the Conditional Temporary Certificate of Occupancy authorizes such operations and provided that all construction necessary for the safe operation of the applicable portion of the Premises and the protection of the life and safety of all members of the public coming on the applicable portion of the Premises has been completed, in accordance with all Applicable Laws, Laws and Requirements and the terms of this Agreement, Agreement and the Lease. (g) Except as expressly permitted by NPS' ’ prior written approval, in no event will shall Developer open any applicable portion of the Premises to the public without either (i) the issuance of a Certificate of Occupancy or (ii) the issuance of a Conditional Temporary Certificate of Occupancy.

Construction Completion Procedures. (a) Upon Substantial Tenant shall deliver to Landlord notice when Tenant reasonably believes that the construction and installation of any discrete portion of the Conveyable On-Premises Backbone Infrastructure is complete to permit Landlord to conduct an inspection of the work with Tenant and its contractors (and develop a punch list of items to be corrected), to conduct such tests or other inspections of the applicable portion of the Conveyable On-Premises Backbone Infrastructure as Landlord may reasonably require, and to approve the work. Tenant shall notify Landlord prior to commissioning any Conveyable On-Premises Backbone Infrastructure and schedule such commissioning activities so as to include Landlord and Landlord’s contractors. Without limiting the immediately preceding sentence, if the commissioning of any such Conveyable On-Premises Backbone Infrastructure, and the final connection of each such portion of the Conveyable On-Premises Backbone Infrastructure to Landlord’s infrastructure, impacts NASA’s mission critical facilities, then Tenant agrees that the same shall be coordinated by Landlord and the timing thereof shall be subject to Landlord’s prior approval, which may be given or withheld in Landlord’s subjective discretion. Tenant shall execute, acknowledge and deliver to Landlord, within sixty (60) days after Landlord’s written request, such documents as Landlord may reasonably require to transfer title and ownership of the applicable portion of the Conveyable On-Premises Backbone Infrastructure to the Government free and clear of all liens and encumbrances, together with project contract close out documents (including Product Data, operations and maintenance manuals, as-built drawings, and all warranties and guarantees received by Tenant from manufacturers, contractors or other parties in connection with the construction and installation of such portion of the Conveyable On- Premises Backbone Infrastructure). Following Landlord’s acceptance of such applicable portion of the Conveyable On-Premises Backbone Infrastructure and delivery of such documentation with respect thereto, Tenant shall have no further responsibility with respect thereto and Landlord shall be responsible for the maintenance and repair thereof pursuant to Section 10.1. Tenant shall concurrently deliver to Landlord a schedule of values regarding such Conveyable On-Premises Backbone Infrastructure to permit Landlord to determine the capital costs of such Conveyable On-Premises Backbone Infrastructure for entry into Landlord’s real property and financial records. If Landlord is thereafter audited, Tenant shall provide reasonable supporting documentation evidencing such schedule of values. (b) Within sixty (60) days after the Completion of Construction of each discrete portion of the Initial Improvements on a Parcel, each discrete portion of the Infrastructure or Phased Improvementseach discrete portion of the Off-Premises Backbone Infrastructure, Developer must Tenant shall: (i) submit to NPS Landlord a notice of such completion. ; (bii) Upon completion of the construction of the Initial Improvements and each phase of the Phased Improvements, Developer must deliver to NPS Landlord evidence, reasonably satisfactory to NPSLandlord, of payment of all costs, expenses, liabilities and liens arising out of or in any way connected with such construction (except for liens that are contested in the manner provided for in this AgreementSection 6.13). ; (ciii) Upon completion of the construction of the Initial Improvements and each phase of the Phased Improvements, Developer must provide to NPS Landlord a complete set of "as-built" built drawings showing clearly all changesin a computer based format approved by Landlord, revisions and substitutions during construction, including, without limitation, field changes building information modeling data (if any); and (iv) deliver to Landlord such other documents as Landlord may reasonably require for its real property records and reporting requirements. Upon approval by the final location of all mechanical equipment, utility lines Center Director (including shut-offs which approval shall not be unreasonably withheld or disconnects), ducts, outlets, structural members, walls, partitions and other significant features constructed or installed in an electronic format acceptable to the NPS. (ddelayed) Upon completion of the Initial Improvements and each phase Completion of Construction of such discrete portion of the Phased Improvements, Developer must provide NPS with a complete written inventory of all fixtures (as defined in the Lease) which inventory will be subject to NPS' written approval. (e) NPS CBO will issue a Certificate certificate of Occupancy after Substantial Completion of Initial Improvements and each phase of the Phased Improvements subject to "punch-list" items and upon final review to NPS' satisfaction of occupancy or similar document for the applicable Construction DocumentsImprovements. The Center Director may withhold such approval (and, including all teststherefore, inspections, progress reports, and other pertinent documents customarily required by the jurisdiction in which the Project is located for the issuance of such a document. NPS and Developer must coordinate and consult on final issues in advance of the completion of the Initial Improvements and each phase of the Phased Improvements to enable NPS to promptly issue the Certificate of Occupancy. (f) NPS may CBO shall not issue a Conditional Certificate certificate of Occupancy at the request of Developer when the Initial Improvements or each phase of the Phased Improvements is completed to the point that Developer can commence pre-opening operations in the applicable area without threat to life or safety. Developer may operate the applicable portion of the Premises under a Conditional Certificate of Occupancy occupancy) only if the Conditional Certificate of Occupancy authorizes such operations and provided Center Director determines, in his or her reasonable discretion, that all construction necessary for the safe operation of the applicable portion of the Premises and the protection of the life and safety of all members of the public coming on the applicable portion of the Premises has Improvements have not been completed, completed substantially in accordance with all the relevant Design and Construction Documents or Applicable Laws. Tenant shall not occupy any Improvements constructed on the Premises until a certificate of occupancy and all other necessary approvals have been issued by Landlord and all other applicable governmental agencies; provided, however, Tenant may apply to the terms CBO for a partial or temporary certificate of this Agreementoccupancy and, and the Lease. (g) Except as expressly permitted by NPS' prior written approvalif issued, in no event will Developer open any applicable portion occupy portions of the Premises to the public without either (i) the issuance of a Certificate of Occupancy or (ii) the issuance of a Conditional Certificate of OccupancyImprovements pursuant thereto.

Construction Completion Procedures. (a) 15.4.1. Upon Substantial Completion of the construction of Initial or Phased Lessee Improvements, Developer must Alterations or Preservation Maintenance on the Premises or any part thereof, Lessee shall submit to NPS Lessor a notice of such completion. (b) 15.4.2. Upon completion of the construction of the Initial Improvements and each phase of the Phased Lessee Improvements, Developer must Alterations or Preservation Maintenance, Lessee shall deliver to NPS Lessor evidence, satisfactory to NPSLessor, of payment of all costs, expenses, liabilities and liens arising out of or in any way connected with such construction (except for liens that are contested in the manner provided for in this AgreementLease). (c) Upon 15.4.3. On completion of the construction of the Initial Improvements and each phase of the Phased Lessee Improvements, Developer must Major Alterations or Preservation Maintenance, Lessee shall provide to NPS Lessor a complete set of "“as-built" ” drawings showing clearly all changes, revisions and substitutions during construction, including, without limitation, field changes and the final location of all mechanical equipment, utility lines (including shut-offs or disconnects)lines, ducts, outlets, structural members, walls, partitions and other significant features constructed of Initial Lessee Improvements, Major Alterations or installed Preservation Maintenance, all in an electronic a format acceptable to the NPSapproved by Lessor. (d) Upon 15.4.4. On completion of the construction of Initial Improvements and each phase of the Phased Lessee Improvements, Developer must Lessee shall provide NPS Lessor with a complete written inventory of all fixtures (as defined in the Lease) Fixtures which inventory will shall be subject to NPS' written Lessor’s approval. In addition, Lessee shall provide Lessor with a written, updated list of such Fixtures at the time of completion of any Major Alterations or Preservation Maintenance. (e) NPS 15.4.5. Lessor will issue a Certificate of Occupancy after Substantial Completion of Initial Lessee Improvements and each phase of the Phased Improvements or Major Alterations subject to "“punch-list" ” items and upon final review to NPS' its reasonable satisfaction of the certifications required of the Design and Construction Monitor pursuant to Section 13.2 of this Lease and of applicable Construction Documentsconstruction documents, including all tests, inspections, progress reports, and other pertinent documents customarily required by the jurisdiction in which the Project Premises is located for the issuance of such a document. NPS Lessor and Developer must Lessee shall coordinate and consult on final issues in advance of the completion of the Initial Improvements and each phase of the Phased Improvements construction to enable NPS Lessor to promptly issue the Certificate of Occupancy. (f) NPS 15.4.6. Lessor may issue a Conditional Certificate of Occupancy at the request of Developer the Lessee and when the construction of Initial Lessee Improvements or each phase of the Phased Improvements Major Alterations is completed to the point that Developer Lessee can commence pre-opening operations in the applicable area without threat to life or safety. Developer Lessor’s determination to issue, and issuance of, such Conditional Certificate of Occupancy by Lessor shall not be unreasonably withheld or delayed. Lessee may operate the applicable portion of the Premises under a Conditional Certificate of Occupancy if the Conditional Certificate of Occupancy authorizes such operations and provided that all construction necessary for the safe operation of the applicable portion of the Premises and the protection of the life and safety of all members of the public coming on the applicable portion of the Premises has been completed, in accordance with all Applicable Laws, Laws and the terms of this Agreement, and the Lease. (g) Except as expressly permitted by NPS' prior written approval, in 15.4.7. In no event will Developer shall Lessee open any applicable portion of the Premises to the public without either (ia) the issuance of a Certificate of Occupancy or (iib) the issuance of a Conditional Certificate of Occupancy.