Final Condition Clause Samples
Final Condition. The “Final Condition” of the applicable Building shall mean that (A) the Base, Shell and Core of such Building has been substantially completed in accordance with the Base Building Construction Drawings and Specifications and Applicable Laws to the extent necessary for Landlord to obtain a certificate of occupancy or temporary certificate of occupancy, or legal equivalent (each, a “CofO”), for the applicable Base, Shell and Core, and (B) the Common Areas that relate to Tenant’s use or occupancy of the applicable Phase have been substantially completed in accordance with the Base Building Construction Drawings and Specifications and Applicable Laws to the extent necessary for Landlord to obtain a CofO, excluding the completion of “punch-list” items (the “Base Building Punch List Items”). The Final Condition of the Premises shall be deemed to occur on the date such Final Condition would have occurred but for Tenant Delays. As used herein, the term “Tenant Delay” shall mean an actual delay in achieving the Delivery Condition or Final Condition to the extent caused by: (i) the failure of Tenant to timely approve or disapprove any matter requiring Tenant’s approval relating to the construction of the Base, Shell and Core; or (ii) unreasonable (when judged in accordance with industry custom and practice) interference by Tenant, its agents or other Tenant Parties with the substantial completion of the Base, Shell and Core which interference continues for more than one (1) business day following written notice from Landlord. For purposes of clarification, Base Building Punch List Items shall not include any items that would (I) materially interfere with the operation of Tenant’s business from the applicable Phase or (II) prevent Tenant from obtaining a CofO for the applicable Phase following Tenant’s substantial completion of the Improvements in the applicable Phase. Without limiting the foregoing, the Final Condition with respect to a particular Phase shall not be deemed to have occurred, other than as a result of Tenant Delays, unless (i) Tenant has access to and from the applicable Building, the applicable Phase and the Parking Facilities, (ii) Tenant has use of the Parking Facilities, (iii) all Building Systems serving the applicable Phase are complete (except for Base Building Punch List items applicable thereto) and Landlord is providing services to the applicable Phase in accordance with the requirements of the Lease, and (iv) Tenant may conduct its busines...
Final Condition. The "Final Condition" shall mean that (i) the Base, Shell and Core of the Building has been substantially completed in material conformance with the Base Building Plans (as the same may be modified in accordance with the TCCs of this Work Letter) to the extent necessary for Landlord to obtain a certificate of occupancy or temporary certificate of occupancy, or legal equivalent (each, a "CofO"), for the Base, Shell and Core, except to the extent Landlord's inability to obtain the CofO is caused by the Improvements not being designed per Code or because the Substantial Completion of the Improvements has not yet occurred, as those terms are defined below, (ii) the Common Areas have been substantially completed in accordance with the Base Building Plans (as the same may be modified in accordance with the TCCs of this Work Letter) to the extent necessary for Landlord to obtain a CofO for the Building, with the exception of any punch list items (the "Base Building Punch List Items").
Final Condition. Owner and Renter agree that the Boat was in the following condition upon the return of the Boat to Owner (the “Final Condition”): Exterior and Bimini Top Carpet Upholstery Ladder Jet Pump Stereo and Speakers
Final Condition. The “Final Condition” of the Building shall mean that the Landlord Initial Compliance Obligations have been completed and the Base Building Improvements have been substantially completed in accordance with the Base Building Plans (as the same may be modified in accordance with the terms and conditions of this Tenant Work Letter), with the exception of any punch list items (the “Base Building Punch List Items”). The date that Landlord causes the Final Condition to occur shall be referred to as the “Final Condition Date;” provided, however, that if a Tenant BB Delay occurs, then the Final Condition Date shall be deemed to occur on the date the Final Condition would have occurred but for Tenant BB Delays.
Final Condition. The "Final Condition" shall mean that the Base, Shell and Core of the Building has been substantially completed in accordance with the Base Building Plans (as the same may be modified in accordance with the terms and conditions of this Work Letter) to the extent necessary for Landlord to obtain a certificate of occupancy or temporary certificate of occupancy, or legal equivalent (each, a "CofO"), for the Base, Shell and Core, and (B) the Common Areas that relate to Tenant's use or occupancy of the Building, the Food and Beverage Space and the Parking Facilities have been substantially completed in accordance with the Base Building Plans to the extent necessary for Landlord to obtain a CofO, with the exception of any punch list items (the "Base Building Punch List Items"). The date that Landlord causes the Final Condition to occur shall be referred to as the "Final Condition Date". The Final Condition Date shall be deemed to occur on the date such Final Condition would have occurred but for Tenant Delays; provided that the number of days of Tenant Delays shall be offset by the number of days, if any, that the construction of the Improvements are delayed as a result of Landlord's interference with the construction of the Improvements. The Final Condition Date shall be deemed to occur on the date the Final Condition would have occurred but for Tenant Delays, subject to Landlord Delay Days.
Final Condition. Landlord and Tenant acknowledge and agree that Landlord satisfied the “Final Condition” (as defined in Section 1.3 of the Work Letter attached to the Lease as Exhibit B) with respect to Building A and Building B as required by the terms of the Lease, on September 25, 2015. Notwithstanding the foregoing, following the date of this Second Amendment, Landlord shall perform certain electrical work required in connection with the installation of one (1) additional electric vehicle charging station in the Project parking facilities.
Final Condition. The "Final Condition" shall mean that the Base, Shell and Core of the applicable Building has been substantially completed in accordance with the Base Building Plans (as the same may be modified in accordance with the terms and conditions of this Tenant Work Letter) to the extent necessary for Landlord to obtain a certificate of occupancy or temporary certificate of occupancy, or legal equivalent (each, a "CofO"), for the applicable Base, Shell and Core, except to the extent Landlord's inability to obtain the CofO is caused by the Tenant Improvements not being designed per Code or because the Substantial Completion of the Tenant Improvements has not yet occurred, as those terms are defined below. The date that Landlord causes the Final Condition to occur shall be referred to as the "Final Condition Date". The Final Condition Date shall occur separately as to each Building and shall be deemed to occur on the date the Final Condition would have occurred but for any Tenant Delay (as defined below). As used herein, the term "Tenant Delay" shall mean (i) the failure of Tenant to timely approve or disapprove any matter requiring Tenant's approval relating to the construction of the Base, Shell and Core; (ii) 788287.02/WLA 375755-00007/7-26-18/mjh/ejw EXHIBIT B -1- C▇▇▇▇▇▇ HIGHLINE 1173, 1167 & 1▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Roku, Inc. unreasonable (when judged in accordance with industry custom and practice) interference by Tenant, its agents or Tenant Parties (except as otherwise allowed by this Tenant Work Letter) with the substantial completion of the Base, Shell and Core and which objectively preclude or delay the construction of the Base, Shell and Core and the Delivery Date and (iii) Tenant's physical alteration of the items of the Base, Shell and Core on any floor of the Premises or Tenant's failure to complete or construct any portion of the Tenant Improvements (including temporary or permanent life-safety work or fire sprinkler work) (such altered item or item that Tenant fails to construct shall each be a "TI Item"), which altered or unconstructed TI Item interferes with Landlord's ability to cause the substantial completion of the Base, Shell and Core; provided that to the extent Landlord reasonably determines that the altered or unconstructed TI Item will delay the substantial completion of the Base, Shell and Core, Landlord may, upon prior notice to Tenant, modify such altered TI Item or construct the unconstructed TI Item, and deduct the cost thereof (as reas...
Final Condition. The “Final Condition” shall be deemed to have occurred when both of the following have occurred: (1) the Base, Shell and Core for both Buildings have been substantially completed in accordance with the Base Building Plans (as the same may be modified in accordance with the terms and conditions of this Work Letter), and Landlord’s architect has certified in writing that the Base, Shell and Core have been completed in accordance with the Base Building Plans, with the exception of any punch list items, (2) all necessary governmental inspections of the Base, Shell and Core for both Buildings have been obtained and approved, and the City of Sunnyvale has signed off on the permit cards for the Base, Shell and Core for both Buildings, (3) all utilities systems serving the Buildings, the elevators serving the Buildings, the life safety support systems serving the Buildings (including fire sprinklers and safety auditory systems), all heating, ventilating and air conditioning systems and all mechanical, electrical and plumbing systems serving the Buildings, except to the extent such items may be included in the Tenant Improvements, have been installed and are operating; (4) the Buildings are in such a state of completion that, upon completion of the Tenant Improvements, the requirements necessary to obtain approval for occupancy of the Premises from applicable governmental authorities (including approval from the Building Department and Fire Department of the City of Sunnyvale for Tenant to occupy the Premises) have been satisfied; and (5) the “Site Planning” work (parking structure, roadways, sidewalks, Project lighting, plaza area, and landscaping) described in Schedule 1 of this Work Letter is completed to the extent necessary to obtain approval for occupancy of the Premises from applicable governmental authorities (including approval from the Building Department and Fire Department of the City of Sunnyvale for Tenant to occupy the Premises) upon completion of the Tenant Improvements. The “Final Condition Date” shall be the earlier of (a) the date on which Final Condition occurs, or (b) the date on which Final Condition would have occurred but for Tenant Delays. If the Final Condition Date has not occurred on or before the Required Completion Date (defined below), Tenant