Construction; Substantial Completion. Landlord shall perform the Landlord Work pursuant to the Final Plans in a good and workmanlike manner and in compliance with all Applicable Laws. No asbestos-containing materials shall be used or incorporated in the Landlord Work. No lead-containing surfacing material, solder, or other construction materials or fixtures where the presence of lead might create a condition of exposure not in compliance with Environmental Laws shall be incorporated in the Landlord Work. Landlord shall cause Contractor to commence the construction of the Landlord Work as soon as is reasonably possible after the approval by Landlord and Tenant of the Final Plans and receipt of any applicable permits. Notwithstanding anything to the contrary herein, Landlord and Tenant shall cooperate with each other to resolve any space plan issues raised by applicable local building codes. The Landlord Work shall be deemed to be “Substantially Completed” when they have, in Landlord’s reasonable judgment, been completed in accordance with the Final Plans, subject only to correction or completion of “Punch List” items, which items shall be limited to minor items of incomplete or defective work or materials or mechanical maladjustments that are of such a nature that they do not materially interfere with or impair Tenant’s use of the Premises for Tenant’s business. The definition of “Substantially Completed” shall also apply to the terms “Substantial Completion” and “Substantially Complete”. The Landlord Work shall include warranties and guaranties that the subject materials and/or work shall be free of defect in materials and workmanship for a period of one (1) year following the date that the Landlord Work is Substantially Completed. Landlord shall provide Tenant on or before the Commencement Date a certificate of occupancy (or a similar certificate customarily issued by the jurisdiction in which the Building is located) for the Premises from the applicable governmental agency.
Appears in 1 contract
Construction; Substantial Completion. Landlord shall perform the Landlord Work pursuant to the Final Plans in a good and workmanlike manner and in compliance with all Applicable Laws. No asbestos-containing materials shall be used or incorporated in the Landlord Work. No lead-containing surfacing material, solder, or other construction materials or fixtures where the presence of lead might create a condition of exposure not in compliance with Environmental Laws shall be incorporated in the Landlord Work. Landlord shall cause Contractor to commence the construction of the Landlord Work Tenant Improvements as soon as is reasonably possible after the approval by Landlord and Tenant of the Final Plans Plans. Landlord shall provide and receipt cause to be installed only the number of any applicable permitswall terminal boxes and/or floor monuments required for Tenant's telephone or computer systems as are shown on the Final Plans, with the actual location of such wall terminal boxes and/or floor monuments to be mutually and reasonably determined by Tenant, Landlord and Contractor in connection with the completion and approval of the Final Plans. Notwithstanding Landlord will provide and cause to be installed conduits as required for Tenant's telephone and computer systems as shown on the Final Plans, but shall in no event install, pull or hook up such wires. Further, notwithstanding anything to the contrary herein, Landlord and Tenant shall cooperate with each other to resolve any space plan issues raised by applicable local building codes. The Landlord Work Tenant Improvements shall be deemed to be “"Substantially Completed” " when (i) they have, in Landlord’s 's reasonable judgment, been completed in accordance with the Final Plans, subject only to correction or completion of “"Punch List” " items, as defined below, and (ii) any governmental approvals (which may be oral approvals by inspectors or other officials, and may be temporary or conditional in accordance with local practice) and permits required for the legal occupancy of the Premises have been issued. "Funch List" items shall be limited to minor items of incomplete or defective work or materials or mechanical maladjustments that are of such a nature that they do not materially interfere with or impair Tenant’s 's use of the Substitute Premises for Tenant’s 's business. The definition of “"Substantially Completed” " shall also apply to the terms “"Substantial Completion” " and “"Substantially Complete”. The Landlord Work shall include warranties and guaranties that the subject materials and/or work shall be free of defect in materials and workmanship for a period of one (1) year following the date that the Landlord Work is Substantially Completed". Landlord shall provide Tenant on or before cause Contractor to correct the Commencement Date a certificate Punch-List items (if any) as soon as commercially reasonably possible following the creation of occupancy (or a similar certificate customarily issued by the jurisdiction in which the Building is located) for the Premises from the applicable governmental agencyPunch-List.
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Sources: Office Lease (Kitara Media Corp.)
Construction; Substantial Completion. Landlord shall perform the Landlord Work pursuant to the Final Plans in a good and workmanlike manner and in compliance with all Applicable Laws. No asbestos-containing materials shall be used or incorporated in the Landlord Work. No lead-containing surfacing material, solder, or other construction materials or fixtures where the presence of lead might create a condition of exposure not in compliance with Environmental Laws shall be incorporated in the Landlord Work. Landlord shall cause Contractor to commence the construction of the Landlord Work Tenant Improvements as soon as is reasonably possible after the approval by Landlord and Tenant of the Final Budget and Tenant’s delivery to Landlord of the Letter of Credit, in the form required by Paragraph 6 below. In no event shall Landlord be required to commence construction of the Tenant Improvements prior to the date the Letter of Credit is received by Landlord. If Tenant has not delivered the Letter of Credit to Landlord on or before the date (the “LOC Date”) that is ten (10) business days following the date of this Lease, then any delay in the Substantial Completion of the Tenant Improvements that is caused by Tenant’s failure to deliver the Letter of Credit to Landlord on or before the LOC Date, shall constitute a Tenant Delay for purposes of the third grammatical paragraph of Paragraph 3 above. Landlord and Contractor shall adhere to the following schedule for construction: Receive permits for construction not later than July 15, 2004 Substantial Completion of Tenant Improvements in Increment 2 on or before August 12, 2004 Substantial Completion of Tenant Improvements in Increment 1 on or before September 16,2004 (“Target Completion Date”) Tenant acknowledges that the portion of the Tenant Improvements being constructed in Increment 1 will be constructed therein after Tenant has commenced occupancy of Increment 1. Landlord and Tenant shall agree upon a mutually acceptable staging schedule for the construction of the Tenant Improvements so that Tenant can vacate the portions of Increment 1 that are required to be vacated in order for certain of the Tenant Improvement work to be performed therein; provided, however, that any delay in the Substantial Completion of the Tenant Improvements caused by such staging shall constitute a Tenant Delay, rather than a Landlord Delay, for purposes of applying Paragraph 3.b. above. Tenant shall not be entitled to any abatement of the electricity or cleaning charge during the construction of the Tenant Improvements in Increment 1, nor of Monthly Rent if the Tenant Improvements are not completed prior to August 1, 2004; subject, however, to the third grammatical paragraph of Paragraph 3.b. above. Landlord shall provide and cause to be installed only those wall terminal boxes and/or floor monuments required for Tenant’s telephone or computer systems as are shown on the Final Plans. Landlord will provide ordinary power wiring to locations shown on the Final Plans and receipt of any applicable permitsshall provide and cause to be installed conduits as required for Tenant’s telephone and computer systems as shown on the Final Plans, but shall in no event install, pull or hook up such wires or provide wiring necessary for special conditioned power to the Premises. Notwithstanding Further, notwithstanding anything to the contrary herein, Landlord and Tenant shall cooperate with each other to resolve any space plan issues raised by applicable local building codes. The Landlord Work Tenant Improvements shall be deemed to be “Substantially Completed” when (i) they have, in as determined by Landlord’s reasonable judgmentarchitect, been completed in accordance with the Final Plans, subject only to correction or completion of “Punch List” items, which items shall be limited to minor items of incomplete or defective work or materials or mechanical maladjustments that are of such a nature that they do not materially interfere with or impair Tenant’s use of the Premises for Tenant’s businessbusiness and (ii) any governmental approvals (which may be oral approvals by inspectors or other officials, and may be temporary or conditional in accordance with local practice) and permits required for the lega1 occupancy of the Premises have been issued. The definition of “Substantially Completed” shall also apply to the terms “Substantial Completion” and “Substantially Complete”. The Landlord Work shall include warranties and guaranties that the subject materials and/or work shall be free of defect in materials and workmanship for a period of one (1) year following the date that the Landlord Work is Substantially Completed. Landlord shall provide Tenant on or before the Commencement Date a certificate of occupancy (or a similar certificate customarily issued by the jurisdiction in which the Building is located) for the Premises from the applicable governmental agency.
Appears in 1 contract
Construction; Substantial Completion. Landlord shall perform the Landlord Work pursuant to the Final Plans in a good and workmanlike manner and in compliance with all Applicable Laws. No asbestos-containing materials shall be used or incorporated in the Landlord Work. No lead-containing surfacing material, solder, or other construction materials or fixtures where the presence of lead might create a condition of exposure not in compliance with Environmental Laws shall be incorporated in the Landlord Work. Landlord shall cause Contractor to commence the construction of the Landlord Work Tenant Improvements as soon as is reasonably possible after the approval by Landlord and Tenant of the Final Plans and receipt of any applicable permitsthe Final Budget. Notwithstanding Landlord shall provide and cause to be installed only those wall terminal boxes and/or floor monuments required for Tenant’s telephone or computer systems as are shown on the Final Plans. Landlord will provide ordinary power wiring to locations shown on the Final Plans and shall provide and cause to be installed conduits as required for Tenant’s telephone and computer systems as shown on the Final Plans, but shall in no event install, pull or hook up such wires or provide wiring necessary for special conditioned power to the Premises. Further, notwithstanding anything to the contrary herein, Landlord and Tenant shall cooperate with each other to resolve any space plan issues raised by applicable local building codes. The Landlord Work Each of the 28th Floor Tenant Improvements and 26th Floor Tenant Improvements shall be deemed to be “Substantially Completed” when they have, in Landlord’s reasonable judgment, it has been completed in accordance with the Final PlansPlans and is vacant and broom clean, subject only to correction or completion of “Punch List” items, which items shall be limited to minor items of incomplete or defective work or materials or mechanical maladjustments that are of such a nature that they do not materially interfere with or impair Tenant’s use of the Premises for Tenant’s businessbusiness and the City of Denver has issued a certificate of occupancy (or any other necessary required governmental approvals, if a certificate of occupancy is not necessary) for such space. The definition of “Substantially Completed” shall also apply to the terms “Substantial Completion” and “Substantially Complete”. The Landlord Work shall include warranties and guaranties that Notwithstanding the subject materials and/or work shall foregoing, if Substantial Completion or any portion of the Tenant Improvements is delayed as a result of any Tenant Delay, the Tenant Improvements will be free of defect in materials and workmanship for a period of one (1) year following deemed Substantially Complete on the date that the Landlord Work is Substantially Completed. Landlord shall provide such Tenant on or before Improvements would have been substantially completed absent such Tenant Delay for purposes of determining the Commencement Date a certificate Date, the 26th Floor Premises Commencement Date, and the commencement of occupancy (or a similar certificate customarily issued by the jurisdiction in which 28th Floor Premises Abated Rent Period and the Building is located) for the 26th Floor Premises from the applicable governmental agencyAbated Rent Period.
Appears in 1 contract
Sources: Office Lease (2U, Inc.)