Common use of Completion of Premises Clause in Contracts

Completion of Premises. The Premises shall be completed in accordance with the plans and specifications attached hereto as Exhibit C (herein called the "Plans"). The completion of the Premises in accordance with the Plans shall be at Landlord's expense; provided, however, Tenant shall pay Landlord at the time of execution of this Lease the sum of Sixty Thousand Dollars ($60,000.00) ("Tenant Construction Contribution") for construction costs to be incurred by Landlord in completing the Premises in accordance with Tenant's special requirements. All necessary construction shall be commenced promptly following Landlord's execution and acceptance of this Lease and Tenant's delivery of the first month's Fixed Basic Rent, the Security Deposit and the Tenant Construction Contribution to Landlord and shall be substantially completed ready for use and occupancy by Tenant on the Lease Commencement Date set forth in the Preamble; 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 Landlord or Landlord's contractors, subcontractors or suppliers due to strikes or other labor troubles; delays in Tenant's selection of materials, plans or specifications; governmental restrictions and limitations; unavailability or delays in obtaining fuel, labor or materials; war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppliers. The Premises shall be deemed substantially completed when Tenant is in receipt of a Certificate of Occupancy or Temporary Certificate of Occupancy (punchlist items excepted). All construction shall be done in a good and workmanlike manner and shall comply at the time of completion with all applicable and lawful laws, ordinances, regulations and orders of the federal, state, county or other governmental authorities having jurisdiction thereof. Tenant and its authorized agents, employees and contractors shall have the right, at Tenant's own risk, expense and responsibility, at all reasonable times prior to the Commencement Date as hereinafter defined, to enter the Premises for the purpose of taking measurements and installing its furnishings and equipment; provided that Tenant, in so doing, shall not interfere with or delay the work to be performed hereunder by Landlord, and Tenant shall use contractors and workmen compatible with the contractors and workmen engaged in the work to be performed hereunder by Landlord, and Tenant shall have obtained Landlord's written consent to installing any furnishings or equipment. If Landlord shall fail to deliver possession of the Premises by the Commencement Date for any reason, whether or not within Landlord's control, Landlord shall not be subject to any liability to Tenant. No failure to deliver the Premises by the Commencement Date or any other date shall in any respect affect the validity or continuance of this Lease of any obligation of Tenant hereunder or extend the Term of the Lease.

Completion of Premises. The Premises premises shall be completed delivered to tenant in accordance with the plans and specifications attached hereto as Exhibit C EXHIBIT B (herein called the "Plans") and the specifications attached hereto as EXHIBIT C (herein called the "Specifications"). The completion of the Premises in accordance with the Plans shall be at Landlord's expense; provided, however, Tenant shall pay Landlord at the time of execution of this Lease the sum of Sixty Thousand Dollars ($60,000.00) ("Tenant Construction Contribution") for construction costs to be incurred by Landlord in completing the Premises in accordance with Tenant's special requirements. All necessary construction demolition shall be commenced promptly following Landlord▇▇▇▇▇▇▇▇'s execution and acceptance of this Lease and Tenant's delivery of the first month's Fixed Basic Rent, the Security Deposit and the Tenant Construction Contribution to Landlord and shall be substantially completed ready for use and occupancy by Tenant on the Lease Commencement Date set forth in the Preamble; providedTerm Sheet. Landlord shall at its own cost and expense, obtain all permits, licenses and approvals necessary for such demolition. 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 Landlord or Landlord's contractors, subcontractors or suppliers due to to: strikes or other labor troubles; delays in Tenant's selection of materials, plans or specifications; 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; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors subcontractor or suppliers. The Premises shall be deemed substantially completed when Tenant is in receipt of a Certificate of Occupancy or Temporary Certificate of Occupancy (punchlist items excepted). All construction shall be done in a good and workmanlike manner and shall comply at the time of completion with all applicable and lawful laws, ordinances, regulations and orders of the federal, state, county or other governmental authorities having jurisdiction thereofsupplier. Tenant and its authorized agents, employees and contractors shall have the right, at Tenant▇▇▇▇▇▇'s own risk, expense and responsibility, at all reasonable times prior to the Commencement Date as hereinafter defined, to enter the Premises for the purpose of taking measurements and installing its furnishings and equipment; provided that Tenant, in so doing, shall not interfere with or delay the work to be performed hereunder by Landlord▇▇▇▇▇▇▇▇, and Tenant shall use contractors contractor and workmen compatible with the contractors and workmen engaged in the work to be bc performed hereunder by Landlord▇▇▇▇▇▇▇▇, and Tenant ▇▇▇▇▇▇ shall have obtained Landlord▇▇▇▇▇▇▇▇'s written consent to installing any furnishings or equipment. If Landlord shall fail to deliver possession of the Premises by the Commencement Date for any reason, whether or not within Landlord's control, Landlord shall not be subject to any liability to Tenant. No failure to deliver the Premises by the Commencement Date or any other date shall in any respect affect the validity or continuance of this Lease of any obligation of Tenant hereunder or extend the Term of the Lease.

Completion of Premises. The Building and the Premises shall be completed in accordance with the plans and specifications Work Letter attached hereto as Exhibit C --------- (herein called the "PlansWork Letter"). The completion of the Premises in accordance with the Plans shall be ) at Landlord's expense; provided, however, Tenant shall pay Landlord at the time of execution of this Lease the sum of Sixty Thousand Dollars ($60,000.00) ("Tenant Construction Contribution") for construction costs to be incurred by Landlord in completing the Premises in accordance with Tenant's special requirements. All necessary construction work shall be commenced promptly following Landlord's execution and acceptance of this Lease and Tenant's delivery of the first month's Fixed Basic Rent, the Security Deposit and the Tenant Construction Contribution to Landlord and shall be substantially completed ready for use and occupancy by Tenant on the Lease Commencement Occupancy Date set forth in the Preamble; provided, however, that the time for substantial completion of the Building and the Premises shall be extended for additional periods of time equal to the time lost by Landlord or Landlord's contractors, subcontractors or suppliers due to strikes or other labor troubles; delays Tenant Delay (as defined in Tenant's selection of materials, plans or specificationsExhibit C); governmental restrictions and limitations; unavailability or delays --------- in obtaining fuel, labor or materials; war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or supplierssuppliers ("Force Majeure"); provided further, however, that for Landlord to claim that a Force Majeure prevented timely achievement of substantial completion (i) Landlord must provide written notice of the applicable event to Tenant within 48 hours of its occurrence, which notice shall specify the Force Majeure event and the anticipated effect on the date of substantial completion, and (ii) an actual delay in substantial completion must have occurred which but for the Force Majeure event would not have occurred. The Building and the Premises shall be deemed substantially completed when Tenant is (i) all of the work and installations required to improve the Building and Premises as delineated in receipt the Work Letter ("Landlord Work") are completed in conformity with such Work Letter (subject, in the case of a Certificate of Occupancy or Temporary Certificate of Occupancy the Premises Work (punchlist as defined in Exhibit C) to minor dimensional variations due to --------- construction being carried out within an existing structure and "punch list" items exceptedas described below). All construction , and the HVAC (and all building utilities) shall be done in a good working order and workmanlike manner be functioning in accordance with operating standards described in the Lease or in the Work Letter but in all events and shall comply at in all aspects necessary to permit Tenant to occupy and fully utilize the time of completion with all applicable Building and lawful laws, ordinances, regulations and orders of the federal, state, county or other governmental authorities having jurisdiction thereof. Tenant and its authorized agents, employees and contractors shall have the right, at Tenant's own risk, expense and responsibility, at all reasonable times prior to the Commencement Date as hereinafter defined, to enter the Premises for the purpose of taking measurements and installing its furnishings and equipment; provided that Tenant, in so doing, shall not interfere with or delay the work to be performed hereunder by Landlordintended use, and (ii) Tenant shall has received from Landlord all permits required for lawful use contractors and workmen compatible with the contractors and workmen engaged in the work to be performed hereunder by Landlord, and Tenant shall have obtained Landlord's written consent to installing any furnishings or equipment. If Landlord shall fail to deliver possession occupancy of the Premises by the Commencement Date Tenant (punchlist items alone excepted). Landlord shall notify Tenant in writing approximately forty-five (45) days in advance and again not later than ten (10) days prior to the date Landlord believes it will achieve substantial completion of the Landlord's Work and will be prepared to deliver the Premises to Tenant in the condition required hereunder. Landlord shall promptly correct all work properly rejected by Tenant for any reasonfailing to conform to the requirements of the Work Letter, whether or not fabricated, installed or completed and whether or not set forth on the punchlist. If within Landlord's controlone year after the date of substantial completion of the Landlord Work any of such work is found to be not in conformity with the requirements of the Work Letter, Landlord shall not be subject correct it promptly after receipt of written notice from Tenant to do so. Landlord's obligations under the immediately preceding sentence shall survive Tenant's occupancy of the Premises upon substantial completion. Tenant shall give Landlord notice promptly after discovery of any liability to Tenantsuch condition. No failure to deliver the Premises by the Commencement September 1, 1998 Occupancy Date or any other date shall in any respect affect the validity or continuance of this Lease of or any obligation of Tenant hereunder or extend the Term of the LeaseLease provided, however, that for every day of delay after September 15, 1998, Tenant shall be entitled to two (2) days abatement of Rent under this Lease in addition to the abatement period already provided in the Preamble hereto, at Paragraph 9, which rent abatement shall run for six (6) consecutive months from the date of substantial completion (the designated "Rent Commencement Date" notwithstanding), and shall be subject to extension as otherwise provided in this sentence. Notwithstanding the foregoing, in the event Landlord fails to substantially complete the Landlord Work and deliver the Premises to Tenant on or before October 15, 1998, then at Tenant's option, the Occupancy Date specified in the Preamble at Paragraph 16 shall be extended to January 15, 1999. Lastly, in the event the Landlord Work is not substantially completed and delivered by Landlord to Tenant on or before November 15, 1998, the Tenant may terminate this Lease with no further obligations to Landlord and Tenant shall receive the immediate return of any monies theretofore paid by Tenant to Landlord. The aforesaid November 15, 1998 date shall be subject to extension by reason of Tenant Delay as provided in the Work Letter, but otherwise shall not be subject to delay by reason of Force Majeure.

Completion of Premises. (a) The Premises shall Landlord shall, at its sole cost and expense, cause to be completed on the Premises in accordance with the plans and specifications attached hereto as Exhibit C (herein called the "Plans"). The completion of the Premises in accordance with the , which Plans shall be at Landlord's expense; provided--------- mutually acceptable by both Landlord and Tenant, however, Tenant shall pay Landlord at the time of execution of this Lease the sum of Sixty Thousand Dollars ($60,000.00) certain improvements ("Tenant Construction ContributionLandlord Improvements") for construction costs to be incurred by Landlord in completing the Premises in accordance with Tenant's special requirements). All necessary construction shall be commenced promptly following Landlord's execution and acceptance of this Lease and Tenant's delivery of the first month's Fixed Basic Rent, Rent and the Security Deposit and the Tenant Construction Contribution to Landlord and shall be substantially completed ready for use and occupancy by Tenant on the Lease Commencement Date set forth in the Preamble; 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 Landlord or Landlord's contractors, subcontractors or suppliers due to strikes or other labor troubles; delays in Tenant's selection of materials, plans or specifications; governmental restrictions and limitations; unavailability or delays in obtaining fuel, labor or materials; war or other national emergency; accidents; floods; defective materials; fire damage or other casualties; adverse weather conditions; the inability to obtain building or use and occupancy permits; or any cause similar or dissimilar to the foregoing which is beyond the reasonable control of Landlord or Landlord's contractors, subcontractors or suppliers. The Premises shall be deemed substantially completed when the Landlord Improvements have been substantially completed or Tenant is in receipt of a Certificate of Occupancy or Temporary Certificate of Occupancy Occupancy, (punchlist items excepted). All construction shall be done in a good and workmanlike manner and shall comply at , unless the time failure to obtain such Certificate of completion with all applicable and lawful lawsOccupancy or Temporary Certificate of Occupancy, ordinances, regulations and orders of the federal, state, county or other governmental authorities having jurisdiction thereof. Tenant and its authorized agents, employees and contractors shall have the right, at Tenant's own risk, expense and responsibility, at all reasonable times prior is due solely to the Commencement Date as hereinafter defined, to enter the Premises for the purpose of taking measurements and installing its furnishings and equipment; provided that Tenant, in so doing, shall not interfere with or delay the work to be performed hereunder by Landlord, and Tenant shall use contractors and workmen compatible with the contractors and workmen engaged in the work to be performed hereunder by Landlord, and Tenant shall have obtained Landlord's written consent to installing any furnishings or equipment. If Landlord shall fail to deliver possession of the Premises by the Commencement Date for any reason, whether or not within Landlord's control, Landlord shall not be subject to any liability to Tenant. No failure to deliver the Premises by the Commencement Date or any other date shall in any respect affect the validity or continuance of this Lease of any obligation of Tenant hereunder or extend the Term of the Lease.to complete Tenant Work as described in Section 3(b)