Common use of When Premises Deemed Ready Clause in Contracts

When Premises Deemed Ready. The Premises shall be conclusively deemed ready for Tenant’s occupancy as soon as Landlord’s Work has been Substantially Completed, but in no event prior to January 1, 2016. Landlord shall notify Tenant of the anticipated date of Substantial Completion for the Premises at least ten (10) business days prior to the anticipated date of Substantial Completion. Landlord and Tenant shall thereupon set a mutually convenient time on or before such date for Tenant, the Architect, Landlord, and Lxxxxxxx’s contractor to inspect the Premises and Landlord’s Work therein. With respect to Landlord’s Work, not later than five (5) business days after such inspection, Landlord shall cause Landlord’s Architect to prepare and submit to Landlord and Tenant a list of Punch List Items and other items to be completed with respect to such space. Subject to Tenant Delay and Force Majeure, Landlord shall use diligent efforts to complete such Punch List Items as promptly as possible and in any event (subject to extension for Force Majeure and Tenant Delay) within sixty (60) days following such inspection (unless particular Punch List Items cannot be completed within the sixty (60) day period, in which case such sixty (60) day period shall be extended for such time as may be reasonably necessary to enable Landlord to complete such Punch List Items). Notwithstanding any other provisions of this Article 4, if the delay in the Substantial Completion of the Premises is due to a Tenant Delay, then the Commencement Date shall be the date that the Premises would have been Substantially Completed but for any Tenant Delay, but in no event earlier than January 1, 2016. If, pursuant to the foregoing, the Commencement Date occurs before the Premises is in fact Substantially Completed, Tenant shall not (except with Landlord’s consent) be entitled to take possession of such space until the Premises is in fact Substantially Completed. Any of Landlord’s Work in the Premises not fully completed on the Commencement Date shall thereafter be so completed with reasonable diligence by Landlord. Any dispute as to whether any portion of the Premises is Substantially Complete shall be determined by arbitration in accordance with the provisions of Section 27.5 hereof, except that, with respect to disputes under this Section 4.6, such arbitration shall be conducted under the Fast Track Procedures provisions (currently, Rules F-1 through F-13) of the Arbitration Rules of the Construction Industry of the American Arbitration Association, with both parties agreeing to waive the $75,000 qualification in such rules.

When Premises Deemed Ready. The Premises shall be conclusively deemed ready for Tenant’s occupancy as soon as Landlord’s TI Work has been Substantially Completed, but in no event prior to January 1, 2016. Landlord shall notify Tenant of the anticipated date of Substantial Completion for the Premises at least ten (10) business days prior to the anticipated date of Substantial CompletionCompleted and Landlord’s Base Building Work is completed. Landlord and Tenant shall thereupon set a mutually convenient time on or before such date for Tenant, the ArchitectXxxxxx’s architect, Landlord, and LxxxxxxxXxxxxxxx’s contractor to inspect the Premises and Landlord’s TI Work therein. With respect to Landlord’s TI Work, not later than five three (53) business days after such inspection, Landlord Xxxxxx’s architect shall cause Landlord’s Architect to prepare and submit to Landlord and Tenant a list of Punch List Items and other items to be completed with respect to such space. Subject to Tenant Delay and Construction Force Majeure, Landlord shall use diligent efforts to complete such Punch List Items as promptly as possible and in any event (subject to extension for Construction Force Majeure and Tenant Delay) within sixty thirty (6030) days following such inspection (unless particular Punch List Items cannot be completed within the sixty thirty (6030) day period, in which case such sixty (60) day period shall be extended for such time as may be reasonably necessary to enable Landlord to complete such Punch List Items). Notwithstanding any other provisions of this Article 4, if the delay in the Substantial Completion of the Premises is due to a Tenant Delay, then the Commencement Date shall be the date that the Premises would have been Substantially Completed but for any Tenant Delay, but in no event earlier than January 1, 2016. If, pursuant to the foregoing, the Commencement Date occurs before the Premises is in fact Substantially Completed, Tenant shall not (except with Landlord’s consent) be entitled to take possession of such space until the Premises is in fact Substantially Completed. Any of Landlord’s TI Work in the Premises not fully completed on the Commencement Date shall thereafter be so completed with reasonable diligence by Landlord. Any dispute as to whether any portion of the Premises is Substantially Complete may be referred by either Landlord or Tenant for resolution by binding arbitration pursuant to Section 29.5. Landlord shall be determined by arbitration deliver the Premises to Tenant with all Building systems serving the Building, including, without limitation, the HVAC, electrical, life safety and plumbing systems in accordance with the provisions of Section 27.5 hereof, except that, with respect to disputes under this Section 4.6, such arbitration shall be conducted under the Fast Track Procedures provisions (currently, Rules F-1 through F-13) of the Arbitration Rules of the Construction Industry of the American Arbitration Association, with both parties agreeing to waive the $75,000 qualification in such rulesgood working condition.

When Premises Deemed Ready. The Premises shall be conclusively deemed ready for Tenant’s occupancy as soon as Landlord’s Work has been Substantially Completed, but in no event prior to January 1, 2016. Landlord shall notify Tenant of the anticipated date of Substantial Completion for the Premises at least ten (10) business days prior to the anticipated date of Substantial Completion. Landlord and Tenant shall thereupon set a mutually convenient time on or before such date for Tenant, the Architect, Landlord, and LxxxxxxxXxxxxxxx’s contractor to inspect the Premises and Landlord’s Work therein. With respect to Landlord’s Work, not later than five (5) business days after such inspection, Landlord shall cause Landlord’s Architect to prepare and submit to Landlord and Tenant a list of Punch List Items and other items to be completed with respect to such space. Subject to Tenant Delay and Force Majeure, Landlord shall use diligent efforts to complete such Punch List Items as promptly as possible and in any event (subject to extension for Force Majeure and Tenant Delay) within sixty (60) days following such inspection (unless particular Punch List Items cannot be completed within the sixty (60) day period, in which case such sixty (60) day period shall be extended for such time as may be reasonably necessary to enable Landlord to complete such Punch List Items). Notwithstanding any other provisions of this Article 4, if the delay in the Substantial Completion of the Premises is due to a Tenant Delay, then the Commencement Date shall be the date that the Premises would have been Substantially Completed but for any Tenant Delay, but in no event earlier than January 1, 2016. If, pursuant to the foregoing, the Commencement Date occurs before the Premises is in fact Substantially Completed, Tenant shall not (except with Landlord’s consent) be entitled to take possession of such space until the Premises is in fact Substantially Completed. Any of Landlord’s Work in the Premises not fully completed on the Commencement Date shall thereafter be so completed with reasonable diligence by Landlord. Any dispute as to whether any portion of the Premises is Substantially Complete shall be determined by arbitration in accordance with the provisions of Section 27.5 hereof, except that, with respect to disputes under this Section 4.6, such arbitration shall be conducted under the Fast Track Procedures provisions (currently, Rules F-1 through F-13) of the Arbitration Rules of the Construction Industry of the American Arbitration Association, with both parties agreeing to waive the $75,000 qualification in such rules.

When Premises Deemed Ready. The Premises shall be conclusively deemed ready for Tenant’s 's occupancy as soon as Landlord’s Work has the obligations of Landlord as hereinafter specified have been Substantially Completedsubstantially completed by Landlord insofar as is practicable in view of delays or defaults, but in no event prior to January 1if any, 2016. Landlord shall notify of Tenant or its contractors, and a certificate of the anticipated date of Substantial Completion occupancy is issued for the Premises. Notwithstanding the previous sentence, the Premises at least ten (10) business days prior shall be deemed to the anticipated date of Substantial Completion. Landlord and Tenant shall thereupon set a mutually convenient time on or before such date be ready for Tenant's occupancy if only minor or insubstantial details of construction, the Architect, Landlord, and Lxxxxxxx’s contractor decoration or mechanical adjustments remain to inspect be done in the Premises and Landlord’s Work therein. With respect to Landlord’s Workor any part thereof, not later than five (5) business days after such inspection, Landlord shall cause Landlord’s Architect to prepare and submit to Landlord and Tenant a list of Punch List Items and other items to be completed with respect to such space. Subject to Tenant Delay and Force Majeure, Landlord shall use diligent efforts to complete such Punch List Items as promptly as possible and in any event (subject to extension for Force Majeure and Tenant Delay) within sixty (60) days following such inspection (unless particular Punch List Items cannot be completed within the sixty (60) day period, in which case such sixty (60) day period shall be extended for such time as may be reasonably necessary to enable Landlord to complete such Punch List Items). Notwithstanding any other provisions of this Article 4, or if the delay in the Substantial Completion availability of the Premises for occupancy is (i) due to a special work, changes, alterations or additions required or made by Tenant Delay, then in the Commencement Date shall be the date that layout or finish of the Premises would have been Substantially Completed but or any part thereof, (ii) caused in whole or in part by Tenant through the delay of Tenant in submitting any plans and/or specifications, supplying information, approving plans, specifications or estimates, giving authorizations or otherwise or (iii) caused in whole or in part by delay and/or default on the part of Tenant or its contractors. If the Premises are deemed ready for any Tenant DelayTenant's occupancy, but in through no event earlier than January 1, 2016. If, pursuant to the foregoing, the Commencement Date occurs before the Premises is fault of Landlord are not in fact Substantially Completedactually ready for Tenant's occupancy, Tenant shall not (except with Landlord’s 's consent) be entitled to take possession of such space the Premises for the conduct of its business until the Premises is are in fact Substantially Completedactually ready for such occupancy, notwithstanding the fact, because the Premises shall have as above stated been deemed ready for such occupancy, that the Term hereof shall on that account have commenced. Landlord's architect's certificate of substantial completion, or of any other facts pertinent to this Section 3.2, shall be deemed conclusive of the statements therein contained and binding upon Tenant. Any of Landlord’s Work 's work in the Premises not fully completed on the Term Commencement Date shall thereafter be so completed with reasonable diligence by Landlord. Any dispute as to whether any portion of the Premises is Substantially Complete shall be determined by arbitration in accordance with the provisions of Section 27.5 hereof, except that, with respect to disputes under this Section 4.6, such arbitration shall be conducted under the Fast Track Procedures provisions (currently, Rules F-1 through F-13) of the Arbitration Rules of the Construction Industry of the American Arbitration Association, with both parties agreeing to waive the $75,000 qualification in such rules.