Common use of Completion by Tenant Clause in Contracts

Completion by Tenant. The Premises shall be completed by Tenant in accordance with the plans and specifications attached hereto or to be attached hereto as Exhibit "C" (hereinafter called the "Tenant Improvement Work Agreement"). If the Tenant Improvement Plans have not been attached upon execution hereof, Tenant shall submit same no later than the date specified in Item (p) of Basic Terms. All necessary construction shall be commenced promptly and shall, subject to Paragraph 5 hereof, be substantially completed ready for use and occupancy by Tenant on the Commencement Date set forth in Item (g) of Basic Terms; provided, however, that the time for substantial completion of the Premises shall be extended for additional periods of time equal to the time lost by Tenant or Tenant's contractors, subcontractors or suppliers (such additional periods not to exceed, in the aggregate, sixty (60) days) due to strikes or other labor troubles, governmental restrictions and limitations, scarcity, unavailability or delays in obtaining fuel, labor or materials, war or other national emergency, accidents, floods, defective materials, fire damage or other casualties, weather conditions, or any cause similar or dissimilar to the foregoing that is beyond the control of Tenant. If Tenant is unable to substantially complete all necessary construction or deliver possession of the Premises to Tenant on the Commencement Date because Tenant has failed to deliver its Tenant Improvement Plans by the date specified in Item (p) of Basic Terms, or because Tenant has requested changes in the Tenant Improvement Plans submitted to Landlord, or because Tenant has requested changes in the Tenant Improvement Plans submitted to Landlord, or because of other causes attributable to Tenant, then the Lease Term shall commence, and Tenant shall pay all Rent due hereunder, as of the Commencement Date designated in Item (g) of Basic Terms, even though Tenant has not taken possession of the Premises by such date. All construction shall be done in good and workmanlike manner by Tenant or Tenant's contractors and shall comply at the time of completion with all applicable laws, ordinances, regulations and orders of the federal, state, county or other governmental authorities having jurisdiction thereof. Except as may result from its enforcement of the provisions of the Tenant Improvement Work Agreement, Landlord shall not interfere with or delay the work to be performed hereunder by Tenant, or the contractors and workmen engaged in the work to be performed hereunder by Tenant, and Tenant shall have obtained furnishings or equipment. Tenant will be responsible for all costs resulting from any work provided for on Exhibit "C", including but not limited to architectural and engineering charges, change orders, materials and supplying, etc.

Completion by Tenant. The Premises Notwithstanding anything contained in the Lease to the contrary, with respect to the Tenant Improvements described in this EXHIBIT D only, if Landlord either (a) fails to obtain a building permit for the Tenant Improvements within 150 days after final approval of the Space Plan, or (b) fails to cause the Delivery Date to occur within 210 days after final approval of the Space Plan (as such dates may be extended by Tenant Delay Days (as defined in EXHIBIT D) or force majeure events (as defined in Section 19.05), then as Tenant’s sole remedy for the delay, Tenant shall be completed have the right to take over construction and complete the Tenant Improvements on Landlord’s behalf in accordance with the Approved Plans and the terms of this EXHIBIT D, provided Tenant first delivers a written notice to Landlord marked “TENANT’S SELF HELP NOTICE” and Landlord fails within seven (7) business days to either obtain the building permit within such 150 days or cause the Delivery Date to occur within such 210 days, as the case may be. If Landlord fails comply with Tenant’s Self-Help Notice within the seven (7) business day period, then (A) Tenant may take over construction and shall diligently pursue completion of the Tenant Improvements, (A) Landlord shall permit assignment of the construction contract, architect’s and engineer’s contracts, as applicable, and all other relevant agreements in order for Tenant to complete the Tenant Improvements. Any costs in excess of the Construction Allowance incurred by Tenant in accordance with this provision and necessitated by Landlord’s failure to complete the plans and specifications attached hereto or to be attached hereto as Exhibit "C" (Tenant Improvements in accordance with the Approved Plans are hereinafter called the "Tenant Improvement Work Agreement")“Completion Costs”. If Landlord fails to reimburse Tenant for the Completion Costs within 30 days of rendition of a statement to Landlord together with supporting documentation and paid receipts for the work completed, then Tenant shall have the right to deduct the unpaid amount of the Completion Costs incurred by Tenant from the Rent to become due under this Lease until fully credited, with interest at the Interest Rate. All work performed by Tenant under this section must be performed at a reasonable and competitive cost using the Contractor approved to perform the Tenant Improvement Plans have not been attached upon execution hereofImprovements. In exercising any rights under this section, Tenant shall submit same no later than use commercially reasonable efforts to minimize interference with the date specified in Item (p) rights of Basic Terms. All necessary construction shall be commenced promptly and shall, subject other tenants to Paragraph 5 hereof, be substantially completed ready for use and occupancy by Tenant on the Commencement Date set forth in Item (g) of Basic Terms; provided, however, that the time for substantial completion of the Premises shall be extended for additional periods of time equal to the time lost by Tenant or Tenant's contractors, subcontractors or suppliers (such additional periods not to exceed, their respective premises in the aggregateBuilding. Landlord and the Lender shall have the right to require, sixty (60) days) due as a condition to strikes or other labor troublesany payment hereunder, governmental restrictions and limitations, scarcity, unavailability or delays in obtaining fuel, labor or materials, war or other national emergency, accidents, floods, defective materials, fire damage or other casualties, weather conditions, or any cause similar or dissimilar to the foregoing that is beyond the control of Tenant. If Tenant is unable to substantially complete all necessary construction or deliver possession of the Premises to Tenant on the Commencement Date because Tenant has failed to deliver its Tenant Improvement Plans by releases of lien from the date specified in Item (p) of Basic Terms, or because Tenant has requested changes Contractor and all lienors giving notice as defined in the Tenant Improvement Plans submitted to Landlord, or because Tenant has requested changes Florida Construction Lien Law and a final contractor's affidavit from the general contractor in accordance with the Tenant Improvement Plans submitted to Landlord, or because of other causes attributable to Tenant, then the Lease Term shall commence, and Tenant shall pay all Rent due hereunder, as of the Commencement Date designated in Item (g) of Basic Terms, even though Tenant has not taken possession of the Premises by such date. All construction shall be done in good and workmanlike manner by Tenant or Tenant's contractors and shall comply at the time of completion with all applicable laws, ordinances, regulations and orders of the federal, state, county or other governmental authorities having jurisdiction thereof. Except as may result from its enforcement of the provisions of the Tenant Improvement Work Agreement, Landlord shall not interfere with or delay the work to be performed hereunder by Tenant, or the contractors and workmen engaged in the work to be performed hereunder by Tenant, and Tenant shall have obtained furnishings or equipment. Tenant will be responsible for all costs resulting from any work provided for on Exhibit "C", including but not limited to architectural and engineering charges, change orders, materials and supplying, etcFlorida Construction Lien Law.

Completion by Tenant. The (a) At Tenant's option, the Premises shall be completed by Tenant and its contractor(s), at Tenant's sole expense, in accordance with the plans and specifications attached hereto or to be attached hereto as Exhibit "CE" (hereinafter called the "Tenant Improvement Work AgreementPlans") and the specifications attached hereto as Exhibit "F" (the "Specifications"). If In addition to the Tenant Improvement improvements shown on the Plans have not been attached upon execution hereofand Specifications, Tenant shall submit may, at its sole cost and expense, make the following improvements to the exterior of or outside the Premises (the "Additional Improvements"): (i) remove two (2) 36" wide door units to the Premises and replace same no later than with two (2) 72" wide door units to the date specified in Item Premises (p) of Basic Terms. All necessary construction shall be commenced promptly and shall, subject to Paragraph 5 hereof, be substantially completed ready for use and occupancy by Tenant on the Commencement Date set forth in Item (g) of Basic Terms; provided, however, upon the expiration or earlier termination of this lease, Tenant shall restore the 36" wide door units and repair any damage caused by such installation and removal); (ii) widen existing ramps to conform to new door widths; (iii) remove several short bushes impeding access to the new doors; and (iv) move one (1) handicapped parking space approximately 20 feet north. Landlord hereby consents to the alterations Tenant intends to make to the Premises in accordance with the Plans and Specifications and the Additional Improvements, provided that Tenant complies with Sections 9 and 10 of this lease and the time following conditions: (i) At least ten (10) days prior to commencement of construction, Tenant shall deliver to Landlord a certificate of insurance for substantial completion each of Tenant's contractors evidencing adequate insurance coverage naming Landlord and Landlord's agent as additional insureds. (ii) In addition to the right of Landlord and its Agents to inspect the Premises set forth in Section 11 of this lease, Landlord and its Agents shall have the right to conduct a walk-through inspection of the Premises as completed by Tenant. (iii) The warranties from Tenant's contractor(s) shall be extended for additional periods the benefit of time equal to the time lost by Landlord as well as Tenant or Tenant's contractors, subcontractors or suppliers (such additional periods not to exceed, in the aggregate, sixty (60) days) due to strikes or other labor troubles, governmental restrictions and limitations, scarcity, unavailability or delays in obtaining fuel, labor or materials, war or other national emergency, accidents, floods, defective materials, fire damage or other casualties, weather conditions, or any cause similar or dissimilar to the foregoing that is beyond the control of Tenant. If Tenant is unable to substantially complete all necessary construction or deliver possession of the Premises to Tenant on the Commencement Date because Tenant has failed to deliver its Tenant Improvement Plans by the date specified in Item (p) of Basic Terms, or because Tenant has requested changes in the Tenant Improvement Plans submitted to Landlord, or because Tenant has requested changes in the Tenant Improvement Plans submitted to Landlord, or because of other causes attributable to Tenant, then the Lease Term shall commence, and Tenant shall pay all Rent due hereunder, as of the Commencement Date designated in Item deliver such warranties to Landlord upon receipt. (giv) of Basic Terms, even though Tenant has not taken possession of the Premises by such date. All construction shall be done in a good and workmanlike manner by Tenant or Tenant's contractors and shall comply at the time of completion with all applicable lawsLaws and Requirements. Tenant shall deliver to Landlord copies of all certificates of occupancy, ordinances, regulations permits and orders licenses required to be issued by any authority in connection with Tenant's construction. (b) Landlord agrees that Tenant shall be entitled to a tenant improvement allowance (the "Allowance") in the amount of $173,619 which may be used by Tenant in connection with the initial buildout of the federal, state, county or other governmental authorities having jurisdiction thereof. Except Premises by Tenant as may result from its enforcement set forth in subsection (a) above and any further alterations made by Tenant during the Term of the provisions lease pursuant to Section 9 of the lease, including without limitation, improvements to the Premises, computer/telephone infrastructure, work station installation and the installation of any wiring, cabling, signage and/or security systems (the "Tenant Improvement Work AgreementImprovements"). Provided Tenant is not then in default under the lease, within 60 days after (i) Landlord's receipt of invoice therefor and evidence of Tenant's payment thereof, and (ii) inspection of the premises by Landlord to confirm the completion of the work covered by such invoice. Landlord shall pay Tenant the amount of such invoice, the total of all advances by Landlord hereunder not to exceed $173,619. With respect to requests by Tenant for advances of the Allowance in excess of $86,809.50 in the aggregate on account of payment for Tenant Improvements, Tenant shall also be required, as a condition precedent to Landlord's obligation to make any such advance, to deliver to Landlord a letter of credit as required in Section 51 (or endorsement thereto) increasing Tenant's Security Deposit hereunder by the amount of such advance. (c) In the event the Allowance is not fully advanced by Landlord and provided Tenant is not then in default hereunder, the unadvanced balance of the Allowance as of November 1, 2004, but not more than $86,809.50 (the "Maximum Rent Credit"), shall, at Tenant's option, upon prior written notice to Landlord given on or before October 1, 2004, be credited against Minimum Annual Rent first coming due under the Lease. It is expressly agreed and understood that the Allowance will not be credited against Annual Operating Expenses. (d) In the event the Allowance is not fully advanced by Landlord as of the date which is six (6) months prior to the Expiration Date and provided Tenant is not then in default hereunder, the remaining balance of the Maximum Rent Credit not advanced pursuant to subsection (c) above, if any (but not in excess of the unadvanced balance of the Allowance), shall be credited against Minimum Annual Rent next coming due under the Lease. It is expressly agreed that the Allowance will not be credited against Annual Operating Expenses. (e) At Tenant's option, Landlord will apply the Allowance to improvements performed by Tenant to space leased by Tenant from Landlord at 13650 N.W. 8th Street, Sunrise, Florida; however, any credit against ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ be entitled hereunder shall not interfere with or delay the work to only be performed hereunder by Tenant, or the contractors made against Minimum Annual Rent due and workmen engaged in the work to be performed hereunder by Tenant, and Tenant shall have obtained furnishings or equipment. Tenant will be responsible for all costs resulting from any work provided for on Exhibit "C", including but not limited to architectural and engineering charges, change orders, materials and supplying, etcpayable under this lease.

Completion by Tenant. The Premises Tenant Improvements shall be completed by Tenant and its contractor(s), (“Tenant’s Contractors”), at Tenant’s sole expense, in accordance with the plans and specifications attached hereto or to be tenant improvements attached hereto as Exhibit "C" “F”. Landlord hereby consents to the alterations Tenant intends to make to the Premises in accordance with the Plans and Specifications (hereinafter called the "“Tenant Improvement Work Agreement"Improvements”). If , provided that Tenant complies with this Lease, including without limitation, Section I2 and the Tenant Improvement Plans have not been attached upon execution hereoffollowing conditions: (i) At least ten (10) days prior to commencement of construction, Tenant shall submit same no later than deliver to Landlord a certificate of insurance for each of Tenant’s contractors evidencing adequate insurance coverage naming Landlord and Landlord’s agent as additional insureds; (ii) In addition to the date specified in Item (p) right of Basic Terms. All necessary construction shall be commenced promptly Landlord and shall, subject its Agents to Paragraph 5 hereof, be substantially completed ready for use and occupancy by Tenant on inspect the Commencement Date Premises set forth in Item (g) Section 14 of Basic Terms; providedthis Lease, however, that Landlord and its Agents shall have the time for substantial completion right to conduct a walk-through inspection of the Premises as completed by Tenant; (iii) The warranties from Tenant’s contractor(s) shall be extended for additional periods the benefit of time equal to the time lost by Landlord as well as Tenant or Tenant's contractors, subcontractors or suppliers (such additional periods not to exceed, in the aggregate, sixty (60) days) due to strikes or other labor troubles, governmental restrictions and limitations, scarcity, unavailability or delays in obtaining fuel, labor or materials, war or other national emergency, accidents, floods, defective materials, fire damage or other casualties, weather conditions, or any cause similar or dissimilar to the foregoing that is beyond the control of Tenant. If Tenant is unable to substantially complete all necessary construction or deliver possession of the Premises to Tenant on the Commencement Date because Tenant has failed to deliver its Tenant Improvement Plans by the date specified in Item (p) of Basic Terms, or because Tenant has requested changes in the Tenant Improvement Plans submitted to Landlord, or because Tenant has requested changes in the Tenant Improvement Plans submitted to Landlord, or because of other causes attributable to Tenant, then the Lease Term shall commence, and Tenant shall pay all Rent due hereunder, as of the Commencement Date designated in Item deliver such warranties to Landlord upon receipt; and (giv) of Basic Terms, even though Tenant has not taken possession of the Premises by such date. All construction shall be done in a good and workmanlike manner by Tenant or Tenant's contractors and shall comply at the time of completion with all with all applicable laws, ordinances, regulations laws and orders requirements of the governmental authorities having jurisdiction (including but not limited to federal, state, county or other governmental authorities having jurisdiction thereofand local laws, rules and ordinances). Except as may result from its enforcement Tenant shall deliver to Landlord copies of the provisions all certificates of occupancy, permits and licenses required to be issued by any authority in connection with Tenant’s construction. Upon completion of the Tenant Improvement Improvements, Tenant shall furnish Landlord with full and final waivers of liens and contractors’ affidavits and statements, in such form as may be required by Landlord, Landlord’s title insurance company from all parties performing labor or supplying materials or services in connection with the Work Agreementshowing that all of said parties have been compensated in full and waiving all liens in connection with the Premises and Building. Tenant shall submit to Landlord a detailed breakdown of Tenant’s total construction costs, together with such evidence of payment. Within ten (10) days of submittal of such evidence and satisfaction of the requirements set forth in this Section 33 and provided further that no Event of Default is continuing, Landlord shall not interfere with or delay pay to Tenant the work to Tenant Improvement Allowance. Upon the expiration of the Lease Term, the Premises will be performed hereunder delivered by Tenant, or the contractors and workmen engaged Tenant in the work to be performed hereunder by Tenantbroom clean condition, and Tenant shall have obtained furnishings or equipment. cause the removal of the Tenant will be responsible for all costs resulting from Improvements in a manner that does not damage any work provided for on Exhibit "C"portion of the Premises, including but not limited unless otherwise specifically agreed to architectural and engineering charges, change orders, materials and supplying, etcby Landlord in writing at the time of the approval of the Tenant Improvements by Landlord.

Completion by Tenant. The Premises shall be completed by --------------------- Tenant and its contractor(s), at Tenant's sole expense, in accordance with plans (the "Plans") to be attached hereto, which shall be prepared based upon the plans or the description of the improvements and the specifications attached hereto or to be (the "Specifications") attached hereto as Exhibit "C" E". Landlord hereby consents to the alterations Tenant intends to make to the Premises in accordance with Exhibit "E", provided that Tenant complies with Sections 9 and 10 of this lease and subject to the following conditions: (hereinafter called a) Promptly after the date hereof, Landlord shall cause its architect (the "Architect") to prepare the Plans which shall be in sufficient detail to obtain building permits for construction of the improvements. Landlord shall pay up to $15,000 for the preparation of the Plans and any other plans or specifications required by Tenant Improvement Work Agreement"). If to complete the improvements, any excess to be paid by Tenant Improvement Plans have not been attached upon execution hereofto the Architect within 30 days after receipt of invoice. (b) Prior to commencement of construction, Tenant shall submit same no later than deliver to Landlord a certificate of insurance for each of Tenant's contractors evidencing adequate insurance coverage and naming Liberty Property Limited Partnership and Liberty Property Trust, Landlord's agent, as additional insureds. (c) Prior to commencement of construction, Tenant shall deliver to Landlord a copy of the date specified in Item building permit for construction of the improvements. (pd) In addition to the right of Basic Terms. All necessary construction shall be commenced promptly Landlord and shall, subject its Agents to Paragraph 5 hereof, be substantially completed ready for use and occupancy by Tenant on inspect the Commencement Date Premises set forth in Item (g) Section 11 of Basic Terms; providedthis lease, however, that Landlord and its Agents shall have the time for substantial completion right to conduct a walk-through inspection of the Premises as completed by Tenant. (e) The warranties from Tenant's contractor(s) shall be extended for additional periods the benefit of time equal to the time lost by Landlord as well as Tenant or Tenant's contractors, subcontractors or suppliers (such additional periods not to exceed, in the aggregate, sixty (60) days) due to strikes or other labor troubles, governmental restrictions and limitations, scarcity, unavailability or delays in obtaining fuel, labor or materials, war or other national emergency, accidents, floods, defective materials, fire damage or other casualties, weather conditions, or any cause similar or dissimilar to the foregoing that is beyond the control of Tenant. If Tenant is unable to substantially complete all necessary construction or deliver possession of the Premises to Tenant on the Commencement Date because Tenant has failed to deliver its Tenant Improvement Plans by the date specified in Item (p) of Basic Terms, or because Tenant has requested changes in the Tenant Improvement Plans submitted to Landlord, or because Tenant has requested changes in the Tenant Improvement Plans submitted to Landlord, or because of other causes attributable to Tenant, then the Lease Term shall commence, and Tenant shall pay all Rent due hereunder, as deliver such warranties to Landlord upon receipt. Receipt of the Commencement Date designated such warranties shall be a condition precedent to Landlord's payment obligation set forth in Item subsection (gg)(ii). (f) of Basic Terms, even though Tenant has not taken possession of the Premises by such date. All construction shall be done in a good and workmanlike manner by Tenant or Tenant's contractors and shall comply at the time of completion with all applicable lawsLaws and Requirements. Tenant shall deliver to Landlord copies of all certificates of occupancy, ordinancespermits, regulations inspection reports, approvals and orders licenses required to be issued by any governmental or quasi-governmental authority in connection with Tenant's construction, all of which shall be obtained at Tenant's sole cost and expense. It is expressly understood that exterior pads and tanks are subject to the approval of the federalPencader Owners' Association Architectural Review Committee, statewhich approval Landlord will endeavor to obtain on Tenant's behalf. (g) The parties further agree as follows: (i) On the Possession Date, county Landlord shall deliver the Premises to Tenant in its "as is" "where is" condition. (ii) Upon substantial completion of the improvements and occupancy by Tenant, Landlord shall pay to Tenant a construction allowance in the amount of $400,000 to be used solely to pay for costs of construction of the improvements shown on the Plans and for no other purpose, subject to Landlord's prior receipt of the Letter of Credit (as hereinafter defined) and subject further, at Landlord's election, to inspection by Landlord or other governmental authorities having jurisdiction thereofits representative to confirm completion of the work, as set forth in subparagraph (d) above. Except as may result from its enforcement of the provisions of the Tenant Improvement Work Agreementset forth in this subsection and in subsection 29(a), Landlord shall not interfere have no further obligation whatsoever to pay for any costs incurred in connection with or delay such improvements. (iii) During the work period between the Possession Date and the Commencement Date, Tenant shall have the right to be performed hereunder by Tenantperform improvements to the Premises and, or upon substantial completion thereof to occupy the contractors and workmen engaged in the work to be performed hereunder by TenantPremises, and Tenant shall abide by the terms and conditions of this lease as if the Term of this lease had already commenced, except that Tenant shall have obtained furnishings no obligation to pay the minimum annual rent or equipment. Tenant's Proportionate Share of those Operating Expenses set forth in Sections 7(b), (c) and (d), it being understood that Tenant will R-5 shall, during such period, be responsible for payment of its Proportionate Share of site lighting and water and sewer, as well as all costs resulting from any work provided for electric and gas consumed on Exhibit "C", including but not limited to architectural and engineering charges, change orders, materials and supplying, etcthe Premises.