Common use of Certain Deliveries Clause in Contracts

Certain Deliveries. When Tenant has obtained a certificate of occupancy for any Major Construction, Tenant shall provide Landlord with a courtesy copy thereof and, when available, a courtesy copy of "as-built" plans and specifications for such Major Construction and a courtesy copy of an "as-built" survey, either of which may be in electronic format, but Tenant shall not be in default of these obligation until it has received a Minor Default Notice which includes, in all capital and bold letters in a size no smaller than the largest print on the Minor Default Notice, the following legend: "FAILURE TO TIMELY TAKE ACTION MAY RESULT IN ENFORCEMENT ACTION” and the opportunity to cure as is afforded Tenant in the definition of Delay Fee in this Lease. Landlord's sole remedies for breach of these obligations shall be limited to specific performance and/or payment of the Delay Fee, and Tenant waives all defenses, except defense of performance, in any action brought by Landlord to enforce its rights under this Section.