Common use of COMPLETION AND RENTAL COMMENCEMENT DATE Clause in Contracts

COMPLETION AND RENTAL COMMENCEMENT DATE. The Commencement of the term --------------------------------------- of the Lease shall not commence until the earlier of the following two dates: (i) the date upon which Tenant takes possession of the Premises; or (ii) the date upon which the Premises are ready for occupancy, i.e., the Tenant Improvements have been substantially completed as evidenced by the final inspection performed by the Building Department of the city and County of Denver, or as determined by Landlord's architect or representative; provided that if there shall be a delay in substantial completion of the Tenant Improvements as a result of: (a) Tenant's failure to approve any item or perform any other obligation in accordance with and by the date specified in the Work Schedule; (b) Tenant's request for materials, finishes or installations other than those readily available; (c) Tenant's changes in the Tenant Improvement Plans after the approval by Tenant; (d) Tenant's request to deviate from the Standards for Tenant Improvements; then the commencement of the term of the Lease and the rental commencement date shall be accelerated by the number of days of such delay. 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).

COMPLETION AND RENTAL COMMENCEMENT DATE. The Commencement commencement of the term --------------------------------------- of the Lease Sixth Amendment and Tenant's obligation for the payment of rental under the Sixth Amendment shall not commence until the earlier of the following two dates: (i) the date upon which Tenant takes possession of the Premises; Fifth Expansion Lease Space, or (ii) the date upon which the Premises are ready for occupancy, i.e., the Tenant Improvements have been substantially completed as evidenced by the final inspection performed by the Building Department of the city and County of Denver, or as determined by Landlord's architect or representative; architect, provided that that, if there shall be a delay in substantial completion of the Tenant Improvements as a result of: (a) a. Tenant's failure to approve any item or perform any other obligation in accordance with and by the date specified in the Work Schedule; (b) b. Tenant's request for materials, finishes or installations other than those readily available; (c) c. Tenant's changes in the Tenant Improvement Plans after the approval by Tenant; (d) d. Tenant's request to deviate from the Standards for Tenant Improvements; then the commencement of the term of the Lease Sixth Amendment and the rental commencement date shall be accelerated by the number of days of such delay. 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 Fifth Expansion Lease Space remain to be performed (items normally referred to as "punch list" items).