Common use of Substantially Complete Clause in Contracts

Substantially Complete. Landlord shall reasonably endeavor to deliver the Premises to Tenant so Tenant can commence construction of the Tenant Improvements no later than November 1, 2015, and the Estimated Term Commencement Date shall be extended on a day-for-day basis for each day after November 1, 2015 that Landlord fails to deliver the Premises to Tenant (other than as a result of any delay caused by Tenant or its affiliates or their respective employees, contractors or agents). Notwithstanding anything to the contrary, if Landlord fails to deliver the Premises to Tenant in the condition required by this Lease by January 1, 2016, then Tenant shall be entitled to a credit equal to one (1) day of Rent for every day after January 1, 2016 that Landlord fails to deliver the Premises to Tenant, which credits shall be applied to Rent first owing after the initial three (3) months of abated Rent as set forth in Section 2.3. Tenant shall execute and deliver to Landlord written acknowledgment of the actual Term Commencement Date and the Term Expiration Date within ten (10) Business Days after the Term Commencement Date, in the form attached as Exhibit C hereto. Failure to execute and deliver such acknowledgment, however, shall not affect the Term Commencement Date or Landlord’s or Tenant’s liability hereunder. Failure by Tenant to obtain validation by any medical review board or other similar governmental licensing of the Premises required for the Permitted Use by Tenant shall not serve to extend the Term Commencement Date. The term “Substantially Complete” or “Substantial Completion” means that the Tenant Improvements are substantially complete in accordance with the Approved Plans (as defined in the Work Letter), except for minor punch list items.

Substantially Complete. Landlord Lessor shall reasonably endeavor use diligent efforts to deliver cause Substantial Completion of the Premises Tenant Improvements (as defined in Section 50 of the Lease) to Tenant so Tenant can commence occur on or before January 1, 2009, and Lessee shall cooperate therewith in the timely performance of its obligations hereunder. The actual date of Substantial Completion shall not impact the Commencement Date of the Term of the Lease, but no rent shall be payable under the Lease by Lessee until Substantial Completion has occurred except to the extent of Lessee’s breach of its obligations hereunder or due to a delay arising from a Change Order requested by Lessee as provided below. a. 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 Premises. b. Whenever possible and practical, Lessor will utilize, for the construction of the Tenant Improvements no later than November 1Improvements, 2015the items and materials designated in the Plans. However, whenever Lessor determines in its judgment that it is not practical or efficient to use such materials, Lessor shall have the right to substitute comparable items and the Estimated Term Commencement Date shall be extended on a day-for-day basis for each day after November 1, 2015 that Landlord fails to deliver the Premises to Tenant (other than as a result of any delay caused by Tenant or its affiliates or their respective employees, contractors or agents)materials. Notwithstanding anything to the contraryHowever, if Landlord fails such substitute materials increase the cost of construction or operate to deliver the Premises to Tenant in the condition required by this Lease by January 1, 2016delay Substantial Completion, then Tenant Lessor shall not make such substitution without the consent of Lessee. c. If the date of Substantial Completion occurs before the scheduled Commencement Date, then Lessee shall be entitled to a credit equal to one (1) day of Rent for every day after January 1, 2016 that Landlord fails to deliver occupy the Premises to Tenantduring the period commencing on the date of Substantial Completion and ending on the Commencement Date without payment of monthly Base Rent or Operating Expenses during such period, which credits but all other obligations of Lessee under the Lease shall apply. The foregoing shall be applied without prejudice to Rent first owing after Lessee’s early occupancy rights under the initial three (3) months of abated Rent as set forth in Section 2.3. Tenant shall execute and deliver to Landlord written acknowledgment of the actual Term Commencement Date and the Term Expiration Date within ten (10) Business Days after the Term Commencement Date, in the form attached as Exhibit C hereto. Failure to execute and deliver such acknowledgment, however, shall not affect the Term Commencement Date or Landlord’s or Tenant’s liability hereunder. Failure by Tenant to obtain validation by any medical review board or other similar governmental licensing of the Premises required for the Permitted Use by Tenant shall not serve to extend the Term Commencement Date. The term “Substantially Complete” or “Substantial Completion” means that the Tenant Improvements are substantially complete in accordance with the Approved Plans (as defined in the Work Letter), except for minor punch list itemsLease.