Common use of Punch List Work Clause in Contracts

Punch List Work. The parties acknowledge that certain portions --------------- of the building and the building equipment constituting a part of the Improvements may not have been finally completed on the Closing Date. Accordingly, the Architect shall determine the amount (the "Punch List Amount") as may be necessary to (i) satisfactorily complete any items of construction, or to provide any items of building equipment, required by the Plans and Specifications which, while substantially complete, have not been finally completed or provided on the Closing Date, other than the Seasonal Punch List Work referred to below (the "Regular Punch List Work"); (ii) satisfactorily complete any landscaping required by the Plans and Specifications which cannot then be completed on account of weather or the season (the "Seasonal Punch List Work"); and (iii) correct any material defects ("Defects") in the design or construction of the Improvements or the materials incorporated therein (the Defects, together with the Regular Punch List Work and the Seasonal Punch List Work being collectively called the "Punch List Work"). If the Punch List Amount exceeds One Hundred Thousand Dollars ($100,000), the Closing may, at the option of Purchaser, be deferred until such time as a sufficient amount of work shall have been performed with respect to the Seasonal Punch List Work, the Defects or the Regular Punch List Work so that the Punch List Amount shall be reduced to an amount within the limit prescribed. As expeditiously and prudently as possible after the Closing Date, Seller shall complete, or cause to be completed, all of the Punch List Work. Seller's covenant to complete the Punch List Work shall survive the Closing, and any amounts owed by AT&T under its Lease for tenant improvements shall be payable to Seller notwithstanding the Closing.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Wells Real Estate Fund Xii Lp)

Punch List Work. The parties acknowledge that --------------- certain portions --------------- of the building and the building equipment constituting a part of the Improvements may not have been finally completed on the Closing Date. Accordingly, the Architect shall determine the amount (the "Punch List Amount") as may be necessary to (iI) satisfactorily complete any items of construction, or to provide any items of building equipment, required by the Plans and Specifications which, while substantially complete, have not been finally completed or provided on the Closing Date, other than the Seasonal Punch List Work referred to below (the "Regular Punch List Work"); (ii) satisfactorily complete any landscaping required by the Plans and Specifications which cannot then be completed on account of weather or the season (the "Seasonal Punch List Work"); and (iii) correct any material defects ("Defects") in the design or construction of the Improvements or the materials incorporated therein (the Defects, together with the Regular Punch List Work and the Seasonal Punch List Work being collectively called the "Punch List Work"). If the Punch List Amount exceeds One Hundred Thousand Dollars ($100,000), the Closing may, at the option of Purchaser, be deferred until such time as a sufficient amount of work shall have been performed with respect to the Seasonal Punch List Work, the Defects or the Regular Punch List Work so that the Punch List Amount shall be reduced to an amount within the limit prescribed. As expeditiously and prudently as possible after the Closing Date, Seller shall complete, or cause to be completed, all of the Punch List Work. Seller's covenant to complete the Punch List Work shall survive the Closing, Closing and any amounts owed release of construction holdbacks by AT&T Tenant under its Lease for tenant improvements shall be payable to Seller notwithstanding the ClosingLease.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Wells Real Estate Investment Trust Inc)

Punch List Work. The parties acknowledge that certain portions --------------- of the building --------------- Building and the building equipment constituting a part of the Improvements Building Equipment may not have been finally completed on the Closing Date. Accordingly, the Architect shall determine the amount (the "Punch List Amount") as may be necessary to (i) satisfactorily complete any items of construction, or to provide any items of building equipmentBuilding Equipment, required by the Plans and Specifications which, while substantially complete, have not been finally completed or provided on the Closing Date, other than the Seasonal Punch List Work referred to below (the "Regular Punch List Work"); (ii) satisfactorily complete any landscaping required by the Plans and Specifications which cannot then be completed on account of weather or the season (the "Seasonal Punch List Work"); and (iii) correct any material defects ("Defects") in the design or construction of the Improvements Project or the materials incorporated therein (the Defects, together with the Regular Punch List Work and the Seasonal Punch List Work being collectively called the "Punch List Work"). If the Punch List Amount exceeds One Hundred Thousand Dollars ($100,000), the Closing may, at the option of Purchaser, be deferred until such time as a sufficient amount of work shall have been performed with respect to the Seasonal Punch List Work, the Defects or the Regular Punch List Work so that the Punch List Amount shall be reduced to an amount within the limit prescribed. As expeditiously and prudently as possible after the Closing Date, Seller shall complete, or cause to be completed, all of the Punch List Work. Seller's covenant to complete the Punch List Work shall survive the Closing, Closing and any amounts owed release of construction holdbacks by AT&T Price Waterhouse under its Lease for tenant improvements shall be payable to Seller notwithstanding the ClosingPrice Waterhouse Lease.

Appears in 1 contract

Sources: Purchase Agreement (Wells Real Estate Investment Trust Inc)

Punch List Work. The parties acknowledge that certain portions --------------- Tenant shall be entitled to prepare and deliver to Landlord a list of the building and the building equipment constituting a part of the Improvements may not have been finally completed on the Closing Date. Accordingly, the Architect shall determine the amount punch list items (the "Punch List AmountList") as may which need to be necessary performed to (i) satisfactorily finally complete any items of construction, or to provide any items of building equipment, required by the Plans installation and Specifications which, while substantially complete, have not been finally completed or provided on the Closing Date, other than the Seasonal Punch List Work referred to below (the "Regular Punch List Work"); (ii) satisfactorily complete any landscaping required by the Plans and Specifications which cannot then be completed on account of weather or the season (the "Seasonal Punch List Work"); and (iii) correct any material defects ("Defects") in the design or construction of the Leasehold Improvements or the materials incorporated therein (the Defects, together in accordance with the Regular Punch List Work Working Drawings and the Seasonal Punch List Work being collectively called the Specifications ("Punch List Work"). If the The Punch List Amount exceeds One Hundred Thousand Dollars must be delivered to Landlord within thirty ($100,000), 30) days of the Closing may, at the option date of Purchaser, be deferred until such time as a sufficient amount of work Substantial Completion. Landlord shall have been performed cooperate with respect Tenant in good faith and shall endeavor to the Seasonal Punch List Work, the Defects or the Regular Punch List Work so that the Punch List Amount shall be reduced to an amount within the limit prescribed. As expeditiously and prudently as possible after the Closing Date, Seller shall complete, or cause to be completed, all the Punch List Work as soon as reasonably practicable following delivery of the Punch List Workas required hereby. Seller's covenant to complete the Landlord will cause all Punch List Work to be completed to Tenant's reasonable satisfaction within thirty (30) days following the Commencement Date. EXHIBIT C RULES AND REGULATIONS 1. The sidewalk, entries and driveways of the Project shall survive not be obstructed by Tenant, or its employees, agents, contractors or invitees or used by them for any purpose other than ingress and egress to and from the ClosingPremises. 2. Tenant shall not place any objects, including antennas, outdoor furniture, etc., in the parking areas, landscape areas or other areas outside of its Premises or on the roof of the Project, except that Tenant shall be permitted to install an antenna and radio in a location which is in reasonable proximity to the Premises, subject to approval of such location by Landlord, such approval not to be unreasonably withheld. 3. Except for seeing-eye dogs, no animals shall be allowed in the offices, halls or corridors of the Building or the Premises. 4. Tenant shall not disturb the occupants of the Project or adjoining buildings by the use of any radio or musical instrument or by the making of loud or improper noises. 5. If Tenant desires telegraphic, telephonic or other electric connections in the Premises, Landlord or its agent will direct the electrician as to where and how the wires may be introduced; and, without such direction, no boring or cutting of wires will be permitted. Any such installation or connection shall be made at Tenant's expense. 6. Tenant shall not install or operate any steam or gas engine or boiler, or other mechanical apparatus in the Premises, except an air compressor and otherwise as specifically approved in the Lease. The use of oil, gas or inflammable liquids for heating, lighting or other purpose is expressly prohibited. Explosives or other articles deemed extra hazardous shall not be brought into the Project. 7. Parking any type of recreational vehicles is specifically prohibited on or about the Project. Except for the overnight parking of operative vehicles, no vehicle or any type shall be stored in the parking areas at any time. In the event that a vehicle is disabled, it shall be removed within 48 hours. There shall no "For Sale" or other advertising signs on or about any parked vehicle. All vehicles shall be parked in the designated parking areas in conformity with all signs and other markings. All parking will be open parking, and any amounts owed no reserved parking, numbering or lettering of individual spaces will be permitted except as specified by AT&T under its Lease for tenant improvements shall be payable to Seller notwithstanding the ClosingLandlord.

Appears in 1 contract

Sources: Lease Agreement (Tripath Imaging Inc)