Substantial Completion; Punchlist Items Sample Clauses

Substantial Completion; Punchlist Items. “Substantially complete,” when referring to Landlord’s Work, shall mean that Tenant has received a certificate of substantial completion from Landlord’s architect stating that the applicable phase of Landlord’s Work (i.e, Phase I of Landlord’s Work or Phase II of Landlord’s Work) is substantially complete, the parties acknowledging that there shall be a separate determination of substantial completion for each of such phases and a separate Punchlist for each of such phases. With respect to Phase I of Landlord’s Work, “substantially complete” shall mean that Phase I of Landlord’s Work is completed, other than work on the Punchlist applicable thereto, and that Tenant can promptly commence Tenant’s Work and prosecute the same without unreasonable interference on account of the completion of the Punchlist Items for the Phase I of Landlord’s Work. With respect to all of Landlord’s Work, “substantially completed” shall mean that such work is completed, other than work on the Punchlists, and that no component of Landlord’s Work (whether Phase I or Phase II) and whether on the Punchlist or not, prevents the issuance of a certificate of occupancy for the Premises. Promptly following substantial completion of each phase of Landlord’s Work, Landlord shall provide Tenant with the applicable punchlist prepared by Landlord’s architect (the “Punchlist”) incorporating those items jointly identified by Landlord and Tenant during their joint inspection of Landlord’s Work, of outstanding items which (a) need to be performed to complete such phase of Landlord’s Work, (b) do not individually or in the aggregate prevent the prosecution of Tenant’s Work (with respect to the Phase I of Landlord’s Work), and do not individually or in the aggregate adversely affect the use and occupancy of the Premises for the normal conduct of the Permitted Uses or Tenant’s rights hereunder with respect to the Common Areas (with respect to the entire Landlord’s Work), all in a manner consistent with Punchlist items typically found in a first class office and laboratory facility (the “Punchlist Items”). Promptly after substantial completion of each phase of Landlord’s Work, Landlord and Tenant shall jointly inspect the Premises. Subject to Force Majeure and Tenant Delays, Landlord shall complete all Punchlist Items within thirty (30) days of the date of the applicable Punchlist (other than (A) seasonal items, such as landscaping, requiring a longer period, and (B) Punchlist Items relating to Phase ...
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Substantial Completion; Punchlist Items. (a) When Lessor reasonably believes that Substantial Completion has occurred, a date for an inspection by the Lessor Architect shall be set by Lessor in a written notice to Lessee and the Lessor Architect, which date shall not be less than three (3) business days after the date of the receipt of the written notice from Lessor of such inspection. If the inspection reveals that Substantial Completion has not occurred, Lessor shall promptly cause any unperformed or incorrect construction work to be performed and corrected and then shall request a reinspection by the same procedure set forth above. If the inspection (or reinspection, as the case may be) reveals that Substantial Completion has occurred, the Lessor Architect shall issue its certificate of Substantial Completion.
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Related to Substantial Completion; Punchlist Items

  • Substantial Completion “Substantial Completion” means the stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the Owner’s opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and usable for intended purposes, as evidenced by a Certificate of Substantial Completion approved by the Owner. If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify Owner’s Designated Representative (sometimes referred to as the “ODR”) and request a determination as to whether the Work or designated portion thereof is substantially complete. If the ODR does not consider the Work substantially complete, the ODR will notify the Contractor giving reasons therefore. Failure on the Owner’s part to list a reason does not alter the responsibility of the Contractor to complete all Work in accordance with the terms of this Agreement. After satisfactorily completing items identified by Owner’s Designated Representative, the Contractor shall then submit another request for the ODR to determine Substantial Completion. If The ODR considers the Work substantially complete, The ODR will prepare and deliver a certificate of Substantial Completion which shall establish the date of Substantial Completion, shall include a punch list of items to be completed or corrected before final completion and final payment, shall establish the time within which the Contractor shall finish the punch list, and shall establish responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include an item on the punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the terms and conditions of this Agreement. The certificate of Substantial Completion shall be signed by the Owner and the Contractor to evidence acceptance of the responsibilities assigned to them in such certificate. Substantial Completion (as defined in this agreement) for all stages of the Work shall be achieved on or before the following Substantial Completion date: DATE FOR SUBSTANTIAL COMPLETION: TBD Under no circumstances will the time for Substantial Completion exceed this date without a written amendment to this Agreement. THE TIMES SET FORTH IN THE CONSTRUCTION DOCUMENTS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT. TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THIS AGREEMENT.

  • Substantial Completion Date Substantial Completion of the Work as defined in Article 6.1.2 of the General Conditions to the Continuing Contract for Construction Management shall be achieved by July 31, 2022.

  • Punchlist Upon completion of the Performance Tests and prior to Substantial Completion, Owner and Contractor shall inspect Subproject 3, and Contractor shall prepare a proposed Punchlist of items identified as needing to be completed or corrected as a result of such inspection. Contractor shall promptly provide the proposed Punchlist to Owner for its review, together with an estimate of the time and cost necessary to complete or correct each Punchlist item. Contractor shall add to the proposed Punchlist any Punchlist items that are identified by Owner within ten (10) Days after Owner’s receipt of the proposed Punchlist from Contractor, and Contractor shall immediately initiate measures to complete or correct, as appropriate, any item on Contractor’s proposed Punchlist (including those items identified by Owner during Owner’s review) that are not of a Punchlist nature. Notwithstanding anything to the contrary in this Agreement, Contractor and Owner are not required as a condition of Substantial Completion to agree upon and identify every Punchlist item and include it on the Punchlist, but Contractor is required to complete as a condition of Substantial Completion all Work that does not meet the definition of Punchlist as provided in Section 1.1. In the event of a dispute regarding whether a specific item of Work meets the definition of Punchlist under Section 1.1, the Parties shall resolve such dispute in accordance with Section 18.1A. Owner shall provide Contractor with access to the Work after Substantial Completion sufficient to enable Contractor to complete all Punchlist items, so long as such access does not unreasonably interfere with operation of Subproject 3 after Substantial Completion or Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement and subject to any reasonable security or safety requirements of Owner. Upon Contractor’s completion or correction of any items necessary to achieve Substantial Completion, as modified by any Owner additions, such Punchlist shall govern Contractor’s performance of the Punchlist items up to Final Completion. All Work on the Punchlist shall be completed by the date required for Final Completion, as specified in Section 5.3C, or Owner may, in addition to any other rights that it may have under this Agreement, complete such Punchlist Work at the expense of Contractor. In the event Owner elects to complete such Punchlist Work, Contractor shall pay Owner, within ten (10) Days after receipt of written notice from Owner, all reasonable costs and expenses incurred by Owner in performing such Punchlist Work, or, at Owner’s sole discretion, Owner may withhold or offset amounts owed to Contractor or collect on the Letter of Credit in accordance with Section 7.8 in the amount of such costs and expenses. Any Defective Work identified after agreement between the Parties of the Punchlist shall be corrected by Contractor as a Warranty item under Article 12.

  • Final Completion The full and final completion of all Work in accordance with the Contract Documents.

  • Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the State shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof, as provided in the Contract Documents.

  • Project Completion Date It is agreed between the Parties that the Project Completion Date is <END DATE, YEAR>. If the Project is not completed by such date then, subject to an amendment agreed to between the Parties, Alberta Innovates may elect to terminate this Investment Agreement. In such event, Alberta Innovates will notify the Applicant of its decision to terminate as soon as reasonably practical and shall advise the Applicant of the effective date of termination. Alberta Innovates will have no liability or obligation to reimburse the Applicant for any Project Costs incurred after the effective date of termination and may require the Applicant to return any portions of the Investment which were spent on Ineligible Expenses. Additionally, any portion of the Investment not used and accounted for in accordance with this Agreement as of the Project Completion Date or earlier termination is repayable by the Applicant to AI at AI’s request.

  • Project Completion The Project and the Work are complete.

  • Final Completion Date Final Completion for the Work as defined in Article 6.1.3 of the General Conditions to the Continuing Contract for Construction Management shall be achieved by September 30, 2022.

  • Completion Date The Work under this Contract shall be completed by midnight of the date required in the Contract as the Material Completion and Occupancy Date unless extended by approved requests for extension of time.

  • Punch List If, at any time after the Project has been Physically Completed, there shall exist any item or items requiring completion or correction, then the Developer agrees to use all reasonable diligence to complete or correct such item or items so that each conforms to the Final Plans. The parties shall make a Punch-List of the items requiring completion or correction (the "Punch List"). Each item on the Punch-List shall be assigned a reasonable value based upon the reasonable cost of completion or correction of the same or such other value as may be required by the Owner's lender ("Punch-List Amount"). The Developer shall give its written undertaking to complete each such item within forty-five (45) days (or such other period of time as is mutually agreed upon by the parties).

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