Commencement Date Defined definition
Commencement Date Defined. As used herein, the term "Commencement Date" shall mean the later to occur of the following: (i) the date upon which the "Improvements" are "Substantially Completed" or (ii) May 1, 1998, subject to (a) delays caused by Tenant and/or Tenant's agents and (b) provided, however, that if prior to the later of such dates Tenant's operating personnel enter into occupancy of the Premises and commence the operation of Tenant's business within the Premises, the Commencement Date shall be the date such personnel of Tenant so enter into occupancy of the Premises. The term "Substantially Completed" and/or "Substantial Completion" shall mean the date when all of the following have occurred with respect to the Improvements in question: (i) the construction of the Improvements in question has been substantially completed in accordance with the approved plans therefor except for punch list items which do not prevent Tenant from reasonably using the Premises to conduct Tenant's business; (ii) Landlord has executed a certificate or statement representing that the Improvements in question, for which Landlord is responsible, have been substantially completed in accordance with the plans and specifications therefor except for the punch list items which do not prevent Tenant from reasonably using the Premises to conduct Tenant's business; and (iii) the Building Department of the City of Milpitas has completed its final inspection of such Improvements and has "signed off" the building inspection card approving such work as complete except for punch list items which do not prevent Tenant from reasonably using the Premises to conduct Tenant's business. Notwithstanding the foregoing, Substantial Completion of the Interior Improvements shall not be deemed to have occurred until Landlord has obtained final or conditional approval from the Fire Department of the City of Milpitas that the Improvements have been completed in accordance with such department's requirements (subject only to conditions that do not prevent Tenant from occupying the Improvements).