Common use of Substantial Completion Date and Punch List Items Clause in Contracts

Substantial Completion Date and Punch List Items. The Architect shall determine the date on which the construction and installation of the Landlord Improvements are substantially completed in substantial accordance with the Final Plans, as such Final Plans may be modified by any Change Orders and Substitutions (“Substantial Completion Date”). The Architect shall certify to Landlord and Tenant, in writing, the Substantial Completion Date (“Substantial Completion Notice”). The Commencement Date shall be the date that is five (5) days after the date on which the Architect delivers the Substantial Completion Notice. Within five (5) days after the Architect delivers the Substantial Completion Notice, the parties shall inspect the Premises to determine those items, if any, that Landlord and Tenant determine to be unfinished, or improperly completed, but which do not materially impair Tenant’s use or occupancy of the Premises (the “Punch List Items”). Tenant shall be entitled to supplement the Punch List for a period of fifteen (15) days thereafter. The Punch List shall set forth a time mutually acceptable to the parties by which each item on the Punch List shall be completed or corrected. If the parties are unable to mutually agree on a time, the correction or completion period shall be thirty (30) days, unless such item is not reasonably susceptible of being corrected or completed within such time. If any Punch List Item is not completed or corrected within the time specified on the Punch List, then Landlord shall continue to be obligated to complete that item, but Tenant shall be entitled to complete or correct any such Punch List Item at any time following seven (7) days written notice to Landlord unless Landlord disputes Tenant’s claim that a Punch List Item is incomplete or improperly completed, in which case Tenant shall defer such self-help for a reasonable period while Landlord and Tenant attempt to resolve the dispute over whether a Punch List Item is incomplete or improperly completed. If Tenant corrects or completes an item on the Punch List, Landlord shall reimburse Tenant for the reasonable costs of completion or correction within twenty (20) days following a written demand by Tenant accompanied by reasonable supporting documentation. Whether or not Tenant exercises its right of self help, Landlord shall remain responsible for the prompt completion/correction of all Punch List Items in connection with the Landlord Improvement work to be performed by Landlord under this Lease. At Landlord’s request from time to time, Tenant will furnish Landlord with written statements acknowledging the completion of the Punch List Items. Any disputes as to the nature or existence of any Punch List Item or as to the substantial completion of the Landlord Improvements shall be resolved by reasonable and joint decision of the Architect and a duly licensed Illinois architect selected by Tenant.

Substantial Completion Date and Punch List Items. The Architect shall determine the date on which the construction and installation of the Landlord Improvements Landlord’s Work are substantially completed in substantial accordance with the Final Plans, as such Final Plans may be modified by any Change Orders and Substitutions (“Substantial Completion Date”). The Architect shall certify to Landlord and Tenant, in writing, the Substantial Completion Date (“Substantial Completion Notice”). The Commencement Date Architect shall be not certify Landlord’s Work as being substantially completed if there are any portions of Landlord’s work that are incomplete and such incomplete items would prevent Tenant from commencing business operations or which prohibit from having complete and uninterrupted access to the date that is five (5) days after the date on which the Architect delivers the Substantial Completion NoticePremises. Within five (5) days after the Architect delivers the Substantial Completion Notice, Tenant and Landlord (and the parties Architect, if Landlord so desires) shall inspect the Premises to determine those items, if any, that Landlord and Tenant determine to be unfinished, or improperly completed, but which do not materially impair Tenant’s use or occupancy of the Premises (the “Punch List Items”). Tenant shall be entitled to supplement accept possession of the Landlord Improvements and the Premises on the Commencement Date, and Landlord shall promptly thereafter complete the Punch List for a period of fifteen (15) days thereafter. The Items, it being understood that Landlord shall use good faith efforts to so complete those Punch List shall set forth a time mutually acceptable to the parties by which each item on the Punch List shall be completed or corrected. If the parties are unable to mutually agree on a time, the correction or completion period shall be Items within thirty (30) days, unless such item is not reasonably susceptible of being corrected or completed within such time. If any Punch List Item is not completed or corrected within days after the time specified on the Punch List, then Landlord shall continue to be obligated to complete that item, but Tenant shall be entitled to complete or correct any such Punch List Item at any time following seven (7) days written notice to Landlord unless Landlord disputes Tenant’s claim that a Punch List Item is incomplete or improperly completed, in which case Tenant shall defer such self-help for a reasonable period while Landlord and Tenant attempt to resolve the dispute over whether a Punch List Item is incomplete or improperly completed. If Tenant corrects or completes an item on the Punch List, Landlord shall reimburse Tenant for the reasonable costs of completion or correction within twenty (20) days following a written demand by Tenant accompanied by reasonable supporting documentation. Whether or not Tenant exercises its right of self help, Landlord shall remain responsible for the prompt completion/correction of all Punch List Items in connection with the Landlord Improvement work to be performed by Landlord under this LeaseSubstantial Completion Date. At Landlord’s request from time to time, Tenant will furnish Landlord with written statements acknowledging the completion of the Punch List Items. Any disputes as to the nature or existence of any Punch List Item or as to the substantial completion of the Landlord Improvements shall be resolved by reasonable and joint decision of the Architect and a duly licensed Illinois Minnesota architect selected by Tenant.

Substantial Completion Date and Punch List Items. The Architect shall determine the date on which the construction and installation of the Landlord Improvements Work Items are substantially completed in substantial accordance with the Final Plans, as such Final Plans may be modified by any Change Orders and Substitutions (“Substantial Completion Date”). The Architect shall certify to Landlord and Tenant, in writing, the Substantial Completion Date (“Substantial Completion Notice”). The Commencement Date shall be the date that is five (5) days after the date on which the Architect delivers If the Substantial Completion NoticeDate occurs after June 1, 2006, there shall be no modification of the Commencement Date. Within five (5) days after the Architect delivers the Substantial Completion Notice, Tenant and Landlord (and the parties Architect, if Landlord so desires) shall inspect the Premises to determine those items, if any, that Landlord and Tenant determine to be unfinished, or improperly completed, but which do not materially impair Tenant’s use or occupancy of the Premises (the “Punch List Items”). Tenant shall be entitled to supplement accept possession of the Landlord Improvements and the Premises on the Commencement Date, and Landlord shall promptly thereafter complete the Punch List for a period of fifteen (15) days thereafter. The Punch List shall set forth a time mutually acceptable to the parties by which each item on the Punch List shall be completed or corrected. If the parties are unable to mutually agree on a timeItems, the correction or completion period shall be thirty (30) days, unless such item is not reasonably susceptible of it being corrected or completed within such time. If any Punch List Item is not completed or corrected within the time specified on the Punch List, then understood that Landlord shall continue use reasonable efforts to be obligated to so complete that item, but Tenant shall be entitled to complete or correct any such Punch List Item at any time following seven (7) days written notice to Landlord unless Landlord disputes Tenant’s claim that a Punch List Item is incomplete or improperly completed, in which case Tenant shall defer such self-help for a reasonable period while Landlord and Tenant attempt to resolve the dispute over whether a Punch List Item is incomplete or improperly completed. If Tenant corrects or completes an item on the Punch List, Landlord shall reimburse Tenant for the reasonable costs of completion or correction within twenty (20) days following a written demand by Tenant accompanied by reasonable supporting documentation. Whether or not Tenant exercises its right of self help, Landlord shall remain responsible for the prompt completion/correction of all those Punch List Items in connection with within sixty (60) days after the Landlord Improvement work to be performed by Landlord under this LeaseSubstantial Completion Date. At Landlord’s request from time to time, Tenant will furnish Landlord with written statements acknowledging the completion of the Punch List Items. Any disputes as to the nature or existence of any Punch List Item or as to the substantial completion of the Landlord Improvements shall be resolved by reasonable and joint decision of the Architect and a duly licensed Illinois Minnesota architect selected by Tenant.