Substantial Completion or Substantially Complete is the date on which the Project, or an agreed upon portion of the Project, is sufficiently complete so that Owner can occupy and use the Project or a portion thereof for its intended purposes. Any provisions of the Design-Build Agreement which relate to Substantial Completion shall govern this Agreement.
Substantial Completion or Substantially Complete shall be the date when the work to be performed by Landlord in the Expansion Premises in material accordance with this Fifth Amendment (i) shall have been substantially completed notwithstanding that certain details of construction, mechanical adjustment or decoration remain to be performed, the noncompletion of which would not materially interfere with the Client’s use of or access to the Expansion Premises; and (ii) Client may legally occupy the Expansion Premises to conduct its Permitted Use therefrom. Landlord agrees that as of Substantial Completion the Expansion Premises shall be in material compliance with all applicable laws and codes, and the Building systems servicing same shall be in good working order and condition. For purposes of determining the date of Substantial Completion, the Commencement Date shall be accelerated by the number of days due to any delay which is caused by: (i) changes in the work to be completed by Landlord in readying the Expansion Premises for Client’s occupancy, which changes have been requested by Client after the approval by Landlord and Client of the Construction Documents; (ii) delay caused by Client, in furnishing materials or procuring labor required by Client for installations or work in the Expansion Premises which are not encompassed within the Construction Documents, if any; (iii) any failure by Client, to furnish any required plan, information, approval or consent (including, without limitation, the Construction Documents) within the required period of time, or any failure to fully and completely cooperate with Landlord in the preparation of the Construction Documents; or (iv) the performance of any work or activity in the Expansion Premises by Client or any of its employees, agents or contractors. The decision of Landlord’s architect shall be finally determinative of the date of Substantial Completion. On or about the date on which Landlord’s Work is substantially completed, Landlord and Client shall jointly inspect the Expansion Premises to confirm that the construction and installation of the Landlord’s Work has been substantially completed in accordance with the Space Plan, and/or Construction Documents and to prepare a “Punch-List” of work requiring correction or completion by Landlord. Landlord shall use commercially reasonable efforts to correct or complete all Punch-List items within thirty (30) days after substantial completion.
Substantial Completion or Substantially Complete. The condition when the Work or designated portion thereof is: (i) sufficiently complete and usable in accordance with the Contract Documents so that the School Board can occupy or utilize the Work for its intended use, except and only for minor items that may be completed without disruption or interference to the ability to use the Work; (ii) all required approvals and permits for occupancy, use and completion of the Work (including a temporary or permanent certificate of occupancy) shall have been issued by appropriate governmental authorities;
Substantial Completion or Substantially Complete. The condition when the Owner agrees that the Work, or a specific portion thereof, is sufficiently complete, in accordance with the Contract Documents, so that it can be used by the Owner for the purposes for which it was intended. The Owner at its sole discretion may, after obtaining the necessary approvals and certificates, take Beneficial Occupancy at this time or choose to wait to occupy until after Final Completion is achieved. Supplemental General Conditions: That part of the Contract Documents which amends or supplements the General Conditions. Supplier: A manufacturer, fabricator, distributor, materialman or vendor who provides material for the Project but does not provide on-site labor. Time for Completion: The number of consecutive calendar days following the Date of Commencement which the Contractor has to substantially complete all Work required by the Contract. Underground Facilities: All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which are or have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems, or water. Work: The services performed under this Contract including, but not limited to, furnishing labor, and furnishing and incorporating materials and equipment into the construction. The Work also includes the entire completed construction, or the various separately identifiable parts thereof, required to be provided under the Contract Documents or which may reasonably be expected to be provided as part of a complete, code compliant, and functioning system for those systems depicted ill the plans and specifications and described in the project description of the Design Build Contract.
