Substantially Completed. The completion of the construction or installation, or both, of the Tenant's Improvements, except for any special order, trade specific, or long-lead time items, to the extent that (i) all required governmental inspections for such Tenant Improvements have been successfully completed and only minor items remain unfinished (except for any special order, trade specific, or long-lead time items), and (ii) such minor items do not prevent Tenant from occupying the Leased Premises as reasonably determined by the project architect or the Project General Contractor. Notwithstanding anything contained herein to the contrary, or elsewhere provided, it is specifically understood and agreed that any delay caused by the any special order, trade specific, or long-lead time items of the Tenant (either supply, delivery, condition upon delivery, non-compliance of such equipment with the Construction Documents, or defects inherent to such equipment that effect the use of such equipment upon installation) shall not in any way delay the date of Substantial Completion or the date of Lease Commencement even if such delay prevents the issuance of an occupancy permit for the Leased Premises. Notwithstanding anything to the contrary set forth herein or elsewhere provided for, the parties agree and acknowledge that the Leased Premises are Substantially Completed and the Landlord has no additional obligations regarding construction of improvements except as set forth in Paragraph 2(b) below. Tenant shall have the right to make certain construction improvements subject to the provisions hereof and the written approval of Landlord. All changes made by Tenant shall be at its sole cost.
Appears in 1 contract
Sources: Lease Agreement (Comstock Homebuilding Companies, Inc.)
Substantially Completed. The completion of the construction or installation, or both, of the Tenant's Improvements, except for any special order, trade specific, or long-lead time items, to the extent that (i) all required governmental inspections for such Tenant Improvements have been successfully completed and only minor items remain unfinished (except for any special order, trade specific, or long-lead time items), and (ii) such minor items do not prevent Tenant from occupying the Leased Premises as reasonably determined by the project architect or the Project General Contractor. Notwithstanding anything contained herein to the contrary, or elsewhere provided, it is specifically understood and agreed that any delay caused by the any special order, trade specific, or long-lead time items of the Tenant (either supply, delivery, condition upon delivery, non-compliance of such equipment with the Construction Documents, or defects inherent to such equipment that effect the use of such equipment upon installation) shall not in any way delay the date of Substantial Completion or the date of Lease Commencement even if such delay prevents the issuance of an occupancy permit for the Leased Premises. Notwithstanding anything Taking: A taking of property or any interest therein or right appurtenant or accruing thereto, by condemnation or eminent domain or by action, proceedings, or agreement in lieu thereof, pursuant to the contrary set forth governmental authority. Tenant: The tenant named herein or elsewhere provided for, the parties agree and acknowledge that the Leased Premises are Substantially Completed and the Landlord has no additional obligations regarding construction of improvements except as set forth in Paragraph 2(b) below. Tenant shall have the right to make certain construction improvements subject to the provisions hereof and the written approval of Landlord. All changes made by Tenant shall be at its sole costany permitted assignee under Section 15.
Appears in 1 contract
Sources: Lease Agreement (Comstock Homebuilding Companies, Inc.)