Common use of Completion and Delivery Clause in Contracts

Completion and Delivery. The terms "substantial completion," "Substantial Completion," "Substantially Complete," "Substantially complete" and words of similar import (whether or not spelled with initial capitals) as used in the Lease shall mean the date of substantial completion of the Tenant Improvements pursuant to the Tenant Improvement Plans such that Tenant may commence the installation of any of Tenant's equipment and occupy the Premises for the conduct of its business (subject to the completion of any additional construction to be performed by Tenant). The Tenant Improvements shall be deemed substantially complete notwithstanding the fact that minor details of construction, mechanical adjustments or decorations which do not materially interfere with Tenant's use and enjoyment of the Premises remain to be performed (items normally referred to as "punch list" items). Certification by Landlord's architect as to the substantial completion of the Tenant Improvements shall be conclusive and binding upon Landlord and Tenant. By taking occupancy of the Premises, Tenant shall be deemed to have accepted the Premises as substantially complete, except that Tenant shall, within five (5) days after entering into possession of the Premises, provide Landlord with a list of incomplete and/or corrective items present in the Tenant Improvements. Landlord shall diligently complete, as soon as reasonably possible, any items of work and adjustment on such list as are not completed upon substantial completion of the Tenant Improvements. The Commencement Date shall not be delayed because of the existence of uncorrected punch list items.

Completion and Delivery. The terms term "substantial completion," "Substantial Completion," "Substantially Complete," "Substantially complete" and words of similar import (whether or not spelled with initial capitals) as used in the Lease shall mean the date of substantial completion of the Tenant Improvements Building and Premises pursuant to the Tenant Improvement Plans such that Tenant may commence the installation of any of Tenant's equipment and occupy the Premises for the conduct of its business (subject to the completion of any additional construction to be performed by Tenant). The Tenant Improvements Building and the Premises shall be deemed substantially complete notwithstanding the fact that minor details of construction, mechanical adjustments or decorations which do not materially interfere with Tenant's use and enjoyment of the Premises Building remain to be performed (items normally referred to as "punch list" items). Certification by Landlord's architect (the "Project Architect") as to the substantial completion of the Tenant Improvements Premises shall be conclusive and binding upon Landlord and Tenant. By taking occupancy of the Premises, Tenant shall be deemed to have accepted the Premises and the Building as substantially complete, complete except that Tenant shallmay, within five ten (510) days after entering into possession of the Premises, provide Landlord with a list of incomplete and/or corrective items present in the Tenant Improvementsitems. Landlord shall diligently complete, as soon as reasonably possible, any items of work and adjustment on such list as are not completed upon substantial completion of the Tenant ImprovementsPremises. The Commencement Date Landlord shall not be delayed because use reasonable efforts to achieve substantial completion of the existence of uncorrected punch list itemsBuilding and Premises by no later than May 28, 1999.

Completion and Delivery. The terms term "substantial completion," "Substantial Completion," "Substantially Complete," "Substantially complete" and words of similar import (whether or not spelled with initial capitals) as used in the Lease shall mean the date of substantial completion of the Tenant Improvements pursuant to Building and Premises in accordance with the Tenant Improvement Plans such that Tenant may commence the installation of any of Tenant's equipment (to the extent such equipment is not already begun pursuant to Section 4.01) and occupy the Premises for the conduct of its business (subject to the completion of any additional construction to be performed by Tenant). The Tenant Improvements shall be deemed substantially complete notwithstanding the fact that minor details of construction, mechanical adjustments or decorations which do not materially interfere with Tenant's use and enjoyment of the Premises remain to be performed (items normally referred to as "punch list" items). Certification by Landlord's architect (and confirmation by Tenant's architect) as to the substantial completion of the Tenant Improvements Premises shall be conclusive and binding upon Landlord and Tenant. By taking occupancy of the Premises, Tenant shall be deemed to have accepted the Premises and the Building as substantially complete, except that Tenant shall, within five (5) business days after entering into possession of the Premises, provide Landlord with a list of incomplete and/or corrective items present in the Tenant ImprovementsPremises. Landlord shall diligently complete, as soon as reasonably possible, any items of work and adjustment on such list as are not completed upon substantial completion of the Tenant ImprovementsPremises. The Commencement Date Tenant's acceptance of the Premises pursuant to this Subsection 3.02 shall not be delayed because of the existence of uncorrected punch list itemsextend to any defects which are not reasonably ascertainable during a visual inspection.