Common use of Determination of Substantial Completion Clause in Contracts

Determination of Substantial Completion. As used in this Lease, “SUBSTANTIAL COMPLETION” or “SUBSTANTIALLY COMPLETE” for the Landlord’s Work shall mean that Landlord has delivered to Tenant (i) physical possession of, and access to, the Premises, (ii) a certificate of the Base Building Architect, in the form of AIA form G704-2017 or such other form as may be agreed upon by the parties, certifying that the Base Building Work has been substantially completed (subject to the Base Building Punch List (which shall be attached to the certificate of substantial completion) and any elements of Landlord’s Work that cannot be completed due to ongoing or incomplete Tenant’s Work) substantially in accordance with the final plans and specifications developed in accordance with this Exhibit “E” and all applicable laws, codes and ordinances, and (iii) a certificate of occupancy (temporary or otherwise) or equivalent instrument (a “C/O”), for the Landlord’s Work, provided that a C/O shall not be required for the determination of Substantial Completion of the Landlord’s Work if such C/O is not available due to ongoing or incomplete Tenant’s Work. Without limiting in any fashion the above, a certificate of substantial completion shall not be deemed to have been properly executed or delivered unless and until (a) Landlord has delivered physical possession of, and full access to and use of, the Premises for its intended use, except for Base Building Punch List work; (b) except as may be reasonably required for Landlord to complete the Base Building Punch List work, all applicable areas are free and clear of Landlord’s construction and debris, temporary protection, and any temporary walls or walk-ways; (c) all building envelope (façade & roof) work is complete, (d) all building systems have been tested, balanced, and are operational and in good working order, and (e) access to loading docks and service elevators is available for Tenant’s use as permitted in the Lease. Tenant agrees to cooperate reasonably with Landlord in Landlord’s efforts to obtain the C/O and agrees, to the extent that ongoing or incomplete Tenant’s Work negatively impacts on Landlord’s ability to obtain a C/O for the Landlord’s Work, to suspend or re-sequence Tenant’s Work and (to the extent safe, practicable and in accordance with law) cause same not to appear to be in an “in process” condition on any day on which a physical inspection of the Premises is undertaken for issuance of such C/O. Landlord shall notify Tenant in writing if Landlord is unable, or if Landlord reasonably believes it will be unable, to obtain the C/O or Substantially Complete the Landlord’s Work due to the status of the Tenant’s Work.

Determination of Substantial Completion. As used in this LeaseLandlord shall diligently proceed with the construction of the Initial ---------------------------------------- Improvements to achieve Substantial Completion on or before January 26, “SUBSTANTIAL COMPLETION” or “SUBSTANTIALLY COMPLETE” for 2002. "Substantial Completion" shall be deemed ----------------------- to have occurred on the Landlord’s Work shall mean that Landlord has delivered to Tenant date when all of the following events have occurred: (i) physical possession of, and access to, the Premisesarchitect who prepared the Final Plans ("Architect of Record") certifies that the Initial Improvements have been completed in substantial accordance with ------------------- the Final Plans subject only to completion of punch list items which do not interfere with the utilization of the Initial Improvements for the purposes for which they were intended, (ii) the Premises contain at least 183,000 USF of Certified Square Footage as determined and measured from the outside of the outer wall to outside of outer wall, (iii) Coweta County has issued a certificate of occupancy (and if the Base Building Architectcertificate of occupancy is temporary, in the form of AIA form G704-2017 or such other form as it may only be agreed upon by the parties, certifying that the Base Building Work has been substantially completed (subject to the Base Building Punch List (completion of immaterial items which do not interfere with the Tenant's operation and Landlord shall be attached obtain a permanent, unconditional certificate of occupancy prior to the date any such temporary certificate of substantial completionoccupancy lapses, expires or terminates) for the Premises allowing the Tenant to beneficially occupy the Premises and any elements conduct its business therefrom, (iv) Tenant has received from Landlord the Updated Phase I, and (v) at least: one hundred two (102) days have elapsed since Landlord delivered to Tenant occupancy of Landlord’s Work that cannot be completed due portion of the Premises as required by Paragraph 4(i) above, -------------- seventy one (71) days have elapsed since Landlord delivered to ongoing Tenant occupancy of that portion of the Premises as required by Paragraph 4(ii) above, and, forty six (46) days have elapsed since Landlord delivered to Tenant occupancy of --------------- that portion of the Premises as required by Paragraph 4(iii) above (each an Early Occupancy Date). Such date when ----------------- Substantial Completion has occurred is referred to in the Lease and this Construction Addendum as the "Commencement -------------- Date." Notwithstanding anything contained herein or incomplete Tenant’s Work) substantially in accordance with the final plans and specifications developed in accordance with this Exhibit “E” and all Lease to the contrary, subject to applicable laws, codes and ordinances, Tenant may begin to operate its business from the Premises prior to the Commencement Date provided Tenant shall only begin to be obligated to pay Monthly Rent and Taxes when Substantial Completion is achieved. Landlord covenants that if the Premises contain less than 183,000 USF as the Certified Square Footage, Landlord shall cause the Premises to contain at least 185,122 USF within thirty (iii30) a certificate of occupancy (temporary or otherwise) or equivalent instrument (a “C/O”), for days after the Landlord’s Work, provided that a C/O shall not be required for the original determination of Substantial Completion of the Landlord’s Work if such C/O is not available due to ongoing or incomplete Tenant’s Work. Without limiting in any fashion the above, a certificate of substantial completion shall not be deemed to have been properly executed or delivered unless and until (a) Landlord has delivered physical possession of, and full access to and use of, the Premises for its intended use, except for Base Building Punch List work; (b) except as may be reasonably required for Landlord to complete the Base Building Punch List work, all applicable areas are free and clear of Landlord’s construction and debris, temporary protection, and any temporary walls or walk-ways; (c) all building envelope (façade & roof) work is complete, (d) all building systems have been tested, balanced, and are operational and in good working order, and (e) access to loading docks and service elevators is available for Tenant’s use as permitted in the Lease. Tenant agrees to cooperate reasonably with Landlord in Landlord’s efforts to obtain the C/O and agrees, to the extent that ongoing or incomplete Tenant’s Work negatively impacts on Landlord’s ability to obtain a C/O for the Landlord’s Work, to suspend or re-sequence Tenant’s Work and (to the extent safe, practicable and in accordance with law) cause same not to appear to be in an “in process” condition on any day on which a physical inspection of the Premises is undertaken for issuance of such C/O. Landlord shall notify Tenant in writing if Landlord is unable, or if Landlord reasonably believes it will be unable, to obtain the C/O or Substantially Complete the Landlord’s Work due to the status of the Tenant’s WorkCertified Square Footage.

Determination of Substantial Completion. As used in this Lease, “SUBSTANTIAL COMPLETION” or “SUBSTANTIALLY COMPLETE” for the Landlord’s 's Work shall mean that (i) Landlord has delivered to Tenant (i) physical possession of, and access to, the Premises, (ii) a certificate of the Base Building Architect, in the form of AIA form G7040704-2017 or such other form as may be agreed upon by the parties, certifying that the Base Building Work has been substantially completed (subject to the Base Building Punch List (which shall be attached to the certificate of substantial completion) and any elements of Landlord’s Work that cannot be completed due to ongoing or incomplete Tenant’s Work) substantially in accordance with (a) the final plans and specifications developed in accordance with this Exhibit “E” and ”, (b) all applicable laws, codes and ordinances, and, (c) the Landlord’s Work has received and (iii) a certificate of occupancy (temporary or otherwise) or equivalent instrument (a “C/O”), for obtained all required construction inspection approvals from governmental authorities having jurisdiction over the Landlord’s Work, provided that a C/O shall not be required for the determination of Substantial Completion of the Landlord’s Work if such C/O is not available due to ongoing or incomplete Tenant’s Work. Without limiting in any fashion the above, other than a certificate of substantial completion shall not be deemed to have been properly executed occupancy or delivered unless and until equivalent instrument; (aii) Landlord has delivered to Tenant physical possession of, and full access to and use of, the Premises for its intended usethe undertaking of the Tenant’s Work, except for Base Building Punch List work; (biii) except as may be reasonably required for Landlord to complete the Base Building Punch List work, all applicable areas are free and clear of Landlord’s 's construction and debris, temporary protection, and any temporary walls or walk-wayswalkways; (cv) all building envelope (façade & facade and roof) work is complete, other than, with respect to the ​ ​ ​ ​ Substantial Completion of Phase 1-A only, the façade on column line 11.1, which will be clad in the same material as Phase 1-B contemporaneously with Phase 1-B; (dvi) all building systems have been tested, balanced, and are operational and in good working order, other than (A) the fire safety systems of the Building, which will be modified as part of the Tenant’s Work, and (eB) the 4” domestic water line which runs through Phase 1-A (the installation of which shall accommodate the construction sequencing of Tenant’s Work), which shall be installed as part of the Base Building Punch List for Phase 1-A; and (vii) access to loading docks and service elevators is available for Tenant’s 's use as permitted in the Lease. Tenant agrees to cooperate reasonably with Landlord in Landlord’s efforts to obtain the C/O and agrees, to the extent that ongoing or incomplete Tenant’s Work negatively impacts on Landlord’s ability to obtain a C/O for the Landlord’s Work, to suspend or re-sequence Tenant’s Work and (to the extent safe, practicable and in accordance with law) cause same not to appear to be in an “in process” condition on any day on which a physical inspection of the Premises is undertaken for issuance of such C/O. Landlord shall notify Tenant in writing if Landlord is unable, or if Landlord reasonably believes it will be unable, to obtain the C/O or Substantially Complete the Landlord’s Work due to the status of the Tenant’s Work.”