Common use of Substantially Complete Clause in Contracts

Substantially Complete. Landlord agrees to Substantially Complete the Landlord Work (including both the “Pre-Turnover Date Work”, which Pre-Turnover Date Work shall also be subject to the terms of Section 28.C. below, as well as the “Pre-Commencement Date Work”), on or before the 15th business day prior to the stated Commencement Date described in Section 1 hereof, subject to extension for Force Majeure (as hereinafter defined). (i) “Force Majeure” means any of the matters described in Section 29.K. below. (ii) “Tenant Delay” means any of the following which continues for more than two (2) business days after notice (which may be email notice) to Tenant (1) any delay caused by any default by Tenant or its agents in Tenant’s obligations under this Lease, or (2) delays caused by the negligence or willful misconduct of Tenant or Tenant’s agents, contractors, architects, space planners, brokers, or consultants prior to the Commencement Date that adversely impact Landlord’s ability to Substantially Complete the Landlord Work. (iii) “Substantial Completion” or “Substantially Complete” or “Substantially Completed” shall mean that the Landlord Work has been completed except for such details of construction, decoration or mechanical adjustments as would not materially interfere with the use of the Premises for the permitted uses under this Lease (collectively, "Punchlist Items") (it being understood and agreed that if Landlord Work within the Premises are Substantially Completed, and if the failure to Substantially Complete the balance of the Landlord Work does not affect Tenant's right to lawfully occupy the Premises for the conduct of business operations therefrom, then the Landlord Work shall be deemed Substantially Completed for purposes of this Lease). If Substantial Completion is delayed in whole or in part by any Tenant Delay, then Substantial Completion shall be deemed to have occurred as of such date as the Landlord Work would have been so completed but for such Tenant Delay. Substantial Completion shall be conclusively evidenced by a certificate of Landlord's architect.

Substantially Complete. Landlord agrees a. For purposes hereof, (i) the Shell shall be deemed "substantially complete" at such time as Lessor has completed work in accordance with the Shell Architectural Drawings subject to completion and correction of items on SCA's punch list, and certain other items which will not be completed until substantial completion of the Phase 1 Tenant Improvements (such as items necessary to modify the sprinklers in accordance with the Phase 1 Tenant Improvement package and certain landscaping), and (ii) the Phase 1 Tenant Improvements shall be deemed "substantially complete" at such time as Contractor has completed work in accordance with the Phase 1 Plans, as certified by Designer (which certification shall be obtained promptly by Lessor upon such substantial completion), and Lessee has obtained a final or temporary certificate of occupancy from the City of Carlsbad, subject only to the completion or correction of items on the Designer's punch list. The Premises shall be deemed Substantially Complete even though certain portions of the Landlord Work (including both Premises which do not interfere with Lessee's efficient conduct of its business in the “Pre-Turnover Date Work”Premises have not been fully completed, and even though Lessee's furniture, telephones, telexes, telecopiers, photocopy machines, computers and other office machines or equipment have not been installed, the purchase and installation of which Pre-Turnover Date Work shall also be subject Lessee's sole responsibility; provided, however, that Lessor shall permit Lessee reasonable access to the terms of Section 28.C. below, as well as the “Pre-Commencement Date Work”), on or before the 15th business day Premises prior to the stated Commencement Date described in Section 1 hereof, subject to extension for Force Majeure (as hereinafter defined). (i) “Force Majeure” means any substantial completion of the matters described in Section 29.K. belowPhase 1 Tenant Improvements to install such equipment and trade fixtures. (ii) “Tenant Delay” means any of Lessor shall cause the following which continues for more than two (2) business days after notice (which may Punchlist items to be email notice) corrected as soon as reasonably possible and practical. Lessor shall direct Contractor to Tenant (1) any delay caused by any default by Tenant or its agents in Tenant’s obligations under this Lease, or (2) delays caused by clean the negligence or willful misconduct of Tenant or Tenant’s agents, contractors, architects, space planners, brokers, or consultants Premises prior to the Commencement Date that adversely impact Landlord’s ability Date, including removal of all rubbish and debris to Substantially Complete leave the Landlord Work. (iii) “Substantial Completion” or “Substantially Complete” or “Substantially Completed” shall mean that the Landlord Work has been completed except for such details of construction, decoration or mechanical adjustments as would not materially interfere Premises in a manner consistent with the use commencement of business from first-class office premises, the cost of which shall be part of the Premises Total Cost. b. If Lessee delays the date of Substantial Completion due to Change Orders or the non-timely response to clarification or direction requested by the Designer, Contractor or Lessor, such delays shall not cause any delay in the Commencement Date of the Lease nor shall it delay Lessee's obligation to pay rent for the permitted uses under this Lease (collectivelyPremises. c. Whenever possible and practical, "Punchlist Items") (Lessor will cause to be utilized, for the construction of the Tenant Improvements, the items and materials designated in the Plans. However, whenever Lessor determines in its judgment that it being understood is not practical or efficient to use such materials, Lessor shall have the right, upon receipt of Lessee's consent, which consent shall not be unreasonably withheld or delayed, to cause Contractor to substitute comparable items and agreed that if Landlord Work within the Premises are Substantially Completedmaterials. If Lessee refuses to grant such consent, and if the failure to Substantially Complete the balance of the Landlord Work does not affect Tenant's right to lawfully occupy the Premises for the conduct of business operations therefrom, then the Landlord Work shall be deemed Substantially Completed for purposes of this Lease). If Substantial Completion Lessor is delayed in whole causing the Tenant Improvements to be Substantially Complete because of Lessee's failure to permit the substitution of comparable items and materials, such delay shall not delay the Commencement Date or in part by any Tenant Delay, then Substantial Completion shall be deemed Lessee's obligation to have occurred as of such date as pay rent for the Landlord Work would have been so completed but for such Tenant Delay. Substantial Completion shall be conclusively evidenced by a certificate of Landlord's architectPremises.