Common use of Evidence of Completion Clause in Contracts

Evidence of Completion. Within thirty (30) days following the Substantial Completion (as defined in Section 2.5 below) of the Tenant Improvements, Tenant shall submit to Landlord: (a) A statement of Tenant’s final construction costs, together with receipted evidence showing payment thereof, reasonably satisfactory to Landlord, and, to the extent not previously delivered, fully executed and notarized unconditional lien releases in the form prescribed by law from Tenant’s contractors, copies of all detailed, final invoices from Tenant’s contractors and subcontractors relating to the Tenant Improvements. (b) All Permits and other documents issued by any governmental authority in connection with the approval and completion of the Tenant Improvements, and all evidence reasonably available showing compliance with all applicable Laws of any and all governmental authorities having jurisdiction over the Premises, including, without limitation, a certificate of occupancy or its equivalent such as duly signed-off job cards, and/or building permit sign-offs, and/or other appropriate authorization. (c) A valid certificate of substantial completion executed by the Space Planner confirming that the Tenant Improvements have been substantially completed in accordance with the Final Construction Documents, subject to punch-list items to be completed by Tenant’s Contractor. (d) A written certificate, subscribed and sworn before a Notary Public, from Tenant’s general Contractor as follows: “There are no known mechanics’ or materialmen’s liens outstanding, all due and payable bills with respect to the Tenant Improvements have been paid, and there is no known basis for the filing of any mechanics’ or materialmen’s liens against the Premises, the Building or the Project, and, to the best of our knowledge, waivers from all subcontractors and materialmen are valid and constitute an effective waiver of lien under applicable law.” (e) Copies of all of Tenant’s contractors’ warranties. (f) A reproducible copy of the “as built” drawings of the Tenant Improvements. (g) Any other items reasonably requested by Landlord. Within fifteen (15) days after receipt of all of the above, Landlord shall make its disbursement of the final ten percent (10%) of the Improvement Allowance (or so much of the Improvement Allowance that has not yet been paid by Landlord) to Tenant or Tenant’s contractors, as applicable, as required above.

Evidence of Completion. Within thirty (30) days following the Substantial Completion (as defined in Section 2.5 below) substantial completion of the Tenant ImprovementsImprovements (which shall mean completion of the Tenant Improvements and receipt of permit sign-offs, subject only to correction of punch-list items that do not affect safe occupancy of the Premises), Tenant shall submit to Landlord: (a) A statement of Tenant’s final construction costs, together with receipted evidence showing payment thereof, reasonably satisfactory to Landlord, and, to the extent not previously delivered, fully executed and notarized unconditional lien releases in the form prescribed by law from Tenant’s contractors, copies of all detailed, final invoices from Tenant’s contractors and subcontractors relating to the Tenant Improvements. (b) All Permits and other documents issued by any governmental authority in connection with the approval and completion of the Tenant Improvements, and all evidence reasonably available showing compliance with all applicable Laws of any and all governmental authorities having jurisdiction over the Premises, including, without limitation, a certificate of occupancy or its equivalent such as duly signed-off job cards, and/or building permit sign-offs, and/or other appropriate authorization. (c) A valid certificate of substantial completion executed by the Space Planner Architect confirming that the Tenant Improvements have been substantially completed in accordance with the Final Construction Documents, subject to punch-list items to be completed by Tenant’s Contractor. (d) A written certificate, subscribed and sworn before a Notary Public, from Tenant’s general Contractor as follows: “There are no known mechanics’ or materialmen’s liens outstanding, all due and payable bills with respect to the Tenant Improvements have been paid, and there is no known basis for the filing of any mechanics’ or materialmen’s liens against the Premises, the Building or the Project, and, to the best of our knowledge, waivers from all subcontractors and materialmen are valid and constitute an effective waiver of lien under applicable law.” (e) Copies of all of Tenant’s contractors’ warranties. (fe) A reproducible copy of the “as built” drawings of the Tenant Improvements. (gf) Any other items reasonably requested by Landlord. Within fifteen (15) days after receipt of all of the above, Landlord shall make its disbursement of the final ten percent (10%) of the Improvement Allowance (or so much of the Improvement Allowance that has not yet been paid by Landlord) to Tenant or Tenant’s contractors, as applicable, as required abovein good faith.

Evidence of Completion. Within thirty (30) days after the Delivery Date, Landlord must deliver the following the Substantial Completion (items to Tenant as defined in Section 2.5 below) Landlord’s "Evidence of the Tenant Improvements, Tenant shall submit to LandlordCompletion”: (a) A statement of Tenant’s final construction costsa written certification to Tenant from a licensed architect or civil engineer confirming that Landlord's Work and the Demised Premises has been completed in substantial conformance with the Approved Plans and all applicable local, together state, and federal building codes, regulations, ordinances, permits and laws including subdivision and zoning requirements, fire and safety laws and the Americans with receipted evidence showing payment thereof, reasonably satisfactory to Landlord, and, to the extent not previously delivered, fully executed and notarized unconditional lien releases in the form prescribed by law from Tenant’s contractors, copies of all detailed, final invoices from Tenant’s contractors and subcontractors relating to the Tenant Improvements.Disabilities Act; (b) All Permits written certification to Tenant that the Punchlist has been completed (and other documents issued by any governmental authority Tenant has verified the same in connection with the approval and completion of the writing; Tenant Improvements, and all evidence reasonably available showing compliance with all applicable Laws of any and all governmental authorities having jurisdiction over the Premises, including, without limitation, a certificate of occupancy or its equivalent such as duly signed-off job cards, and/or building permit sign-offs, and/or other appropriate authorization.agrees to respond to Landlord's certification within 5 business days); (c) A valid a copy of the final and unconditional certificate of substantial completion executed by occupancy that has been issued for the Space Planner confirming Demised Premises; (d) the warranties listed on Exhibit J hereof; (e) evidence that the Tenant Improvements have been substantially Landlord has satisfactorily completed all testing and delivered all certifications in accordance with the Final Construction Documents, subject to punch-list items to be completed by Tenant’s Contractor. (d) A written certificate, subscribed and sworn before a Notary Public, from Tenant’s general Contractor as follows: “There are no known mechanics’ or materialmen’s liens outstanding, all due and payable bills with respect to the Tenant Improvements have been paid, and there is no known basis for the filing Scope of any mechanics’ or materialmen’s liens against the Premises, the Building or the Project, Work; and, to the best of our knowledge, waivers from all subcontractors and materialmen are valid and constitute an effective waiver of lien under applicable law.” (e) Copies of all of Tenant’s contractors’ warranties. (f) A reproducible copy a full and complete set of the “as as-built” drawings of the Demised Premises. In the event the local jurisdiction issues only a temporary certificate of occupancy and such temporary certificate of occupancy is not subject to conditions requiring Landlord to complete further work or obtain further permits or approvals, Tenant Improvements. agrees that the delivery by Landlord of a temporary certificate of occupancy shall satisfy Landlord's obligation in clause (gc) Any other items reasonably requested by Landlord. Within fifteen (15) days after receipt of all of the above, ; provided Landlord shall make uses its disbursement of best efforts to promptly obtain the final ten percent (10%) certificate of occupancy and in all events delivers the Improvement Allowance (or so much of the Improvement Allowance that has not yet been paid by Landlord) same to Tenant within thirty (30) days. Landlord hereby indemnifies and agrees to hold Tenant harmless from and against any and all losses, costs and expenses incurred or suffered by Tenant arising out of or resulting from any inability of Tenant to open for business due to Landlord's failure to obtain a final certificate of occupancy for the Demised Premises (unless due to a failure of Tenant to complete Tenant's Work). Landlord’s contractorsfailure to deliver the Evidence of Completion to Tenant in accordance with this Section 2.4 constitutes a default under this Lease, as applicableand in addition to all other rights and remedies set forth in this Lease, as required aboveTenant shall have the right to complete the Evidence of Completion on Landlord's behalf and deduct the cost of curing such default from any payments of rent or additional rent due from Tenant hereunder.

Evidence of Completion. Within thirty (30) days following the Substantial Completion (as defined in Section 2.5 below) substantial completion of the Tenant ImprovementsImprovements in the Expansion Premises (which shall mean completion of the Tenant Improvements and receipt of permit sign-offs sufficient to permit legal occupancy of the Expansion Premises, subject only to correction of punch-list items that do not affect safe occupancy of the Expansion Premises), Tenant shall submit to Landlord: (a) A statement of Tenant’s 's final construction costs, together with receipted evidence showing payment thereof, reasonably satisfactory to Landlord, and, to the extent not previously delivered, fully executed and notarized unconditional lien releases in the form prescribed by law from Tenant’s 's contractors, copies of all detailed, final invoices from Tenant’s 's contractors and subcontractors relating related to the Tenant Improvements. (b) All Permits and other documents issued by any governmental authority in connection with the approval and completion of the Tenant Improvements, and all evidence reasonably available showing compliance with all applicable Laws of any and all governmental authorities having jurisdiction over the Expansion Premises, including, without limitation, a certificate of occupancy or its equivalent such as duly signed-off job cards, and/or building permit sign-offs, and/or other appropriate authorizationauthorization for physical occupancy of the Expansion Premises. (c) A valid certificate of substantial completion executed by the Space Planner Tenant's architect confirming that the Tenant Improvements have been substantially completed in accordance with the Final Construction Documents, subject to punch-list items to be completed by Tenant’s Contractor's contractors after the Expansion Premises Commencement Date. (d) A written certificate, subscribed and sworn before a Notary Public, from Tenant’s 's general Contractor as follows: “"There are no known mechanics’ ' or materialmen’s 's liens outstanding, all due and payable bills with respect to the Tenant Improvements have been paid, and there is no known basis for the filing of any mechanics’ ' or materialmen’s 's liens against the Expansion Premises, the Building or the ProjectProperty, and, to the best of our knowledge, waivers from all subcontractors and materialmen are valid and constitute an effective waiver of lien under applicable law.”" (e) Copies of all of Tenant’s 's contractors’ ' warranties. (f) A reproducible copy of the “"as built” " drawings of the Tenant Improvements. (g) Any other items reasonably requested by Landlord. Within fifteen thirty (1530) days after receipt of all of the above, Landlord shall make its disbursement of the final ten percent (10%) of the Expansion Improvement Allowance (or so much of the Expansion Improvement Allowance that has not yet been paid by Landlord, but in no event to exceed, in the aggregate, the actual cost of the design and construction of the Tenant Improvements) to Tenant or Tenant’s 's contractors, as applicable, as required above. Any portion of the Expansion Improvement Allowance not used in the design, construction and installation of the Tenant Improvements shall be retained by Landlord, and Tenant shall have no right to receive or apply toward Tenant's rental obligations any portion of the Expansion Improvement Allowance not actually used. Further, Landlord shall only be obligated to pay the Expansion Improvement Allowance (or portions thereof) to the extent Tenant has incurred the costs of the design, construction and installation of the Tenant Improvements within the first twelve (12) months after the Expansion Premises Commencement Date.

Evidence of Completion. Within thirty (30) days following the Substantial Completion (as defined in Section 2.5 below) substantial completion of the Tenant ImprovementsImprovements (which shall mean completion of the Tenant Improvements and receipt of permit sign-offs sufficient to permit legal occupancy of the Premises, subject only to correction of punch-list items that do not affect safe occupancy of the Premises), Tenant shall submit to Landlord: (a) A statement of Tenant’s final construction costs, together with receipted evidence showing payment thereof, reasonably satisfactory to Landlord, and, to the extent not previously delivered, fully executed and notarized unconditional lien releases in the form prescribed by law from Tenant’s contractors, copies of all detailed, final invoices from Tenant’s contractors and subcontractors relating related to the Tenant Improvements. (b) All Permits and other documents issued by any governmental authority in connection with the approval and completion of the Tenant Improvements, and all evidence reasonably available showing compliance with all applicable Laws of any and all governmental authorities having jurisdiction over the Premises, including, without limitation, a certificate of occupancy or its equivalent such as duly signed-off job cards, and/or building permit sign-offs, and/or other appropriate authorizationauthorization for physical occupancy of the Premises. (c) A valid certificate of substantial completion executed by the Space Planner Tenant’s architect confirming that the Tenant Improvements have been substantially completed in accordance with the Final Construction Documents, subject to punch-list items to be completed by Tenant’s Contractorcontractors after commencement of the Lease. (d) A written certificate, subscribed and sworn before a Notary Public, from Tenant’s general Contractor as follows: “There are no known mechanics’ or materialmen’s liens outstanding, all due and payable bills with respect to the Tenant Improvements have been paid, and there is no known basis for the filing of any mechanics’ or materialmen’s liens against the Premises, the Building or the ProjectProperty, and, to the best of our knowledge, waivers from all subcontractors and materialmen are valid and constitute an effective waiver of lien under applicable law.” (e) Copies of all of Tenant’s contractors’ warranties. (f) A reproducible copy of the “as built” drawings of the Tenant Improvements. (g) Any other items reasonably requested by Landlord. Within fifteen thirty (1530) days after receipt of all of the above, Landlord shall make its disbursement of the final ten percent (10%) of the Improvement Allowance (or so much of the Improvement Allowance that has not yet been paid by Landlord, but in no event to exceed, in the aggregate, the actual cost of the design and construction of the Tenant Improvements) to Tenant or Tenant’s contractors, as applicable, as required above. Any portion of the Improvement Allowance not used in the design, construction and installation of the Tenant Improvements shall be retained by Landlord, and Tenant shall have no right to receive or apply toward Tenant’s rental obligations any portion of the Improvement Allowance not actually used. Further, Landlord shall only be obligated to pay the Improvement Allowance (or portions thereof) to the extent Tenant has incurred the costs of the design, construction and installation of the Tenant Improvements within the first twelve (12) months after the Commencement Date.

Evidence of Completion. Within thirty (30) days following the Substantial Completion (as defined in Section 2.5 below) of the Tenant ImprovementsImprovements (which shall mean completion of the Tenant Improvements and receipt of permit sign-offs sufficient to permit legal occupancy of the Premises, subject only to correction of punch-list items that do not affect safe occupancy of the Premises), Tenant shall submit to Landlord: (a) A statement of Tenant’s final construction costs, together with receipted evidence showing payment thereof, reasonably satisfactory to Landlord, and, to the extent not previously delivered, fully executed and notarized unconditional lien releases in the form prescribed by law from Tenant’s contractors, copies of all detailed, final invoices from Tenant’s contractors and subcontractors relating related to the Tenant Improvements. (b) All Permits and other documents issued by any governmental authority in connection with the approval and completion of the Tenant Improvements, and all evidence reasonably available showing compliance with all applicable Laws of any and all governmental authorities having jurisdiction over the Premises, including, without limitation, a certificate of occupancy or its equivalent such as duly signed-off job cards, and/or building permit sign-offs, and/or other appropriate authorizationauthorization for physical occupancy of the Premises. (c) A valid certificate of substantial completion executed by the Space Planner confirming that the Tenant Improvements have been substantially completed in accordance with the Final Construction Documents, subject to punch-list items to be completed by Tenant’s Contractorthe Contractor after commencement of the Lease. (d) A written certificate, subscribed and sworn before a Notary Public, from Tenant’s general the Contractor as follows: “There are no known mechanics’ or materialmen’s liens outstanding, all due and payable bills with respect to the Tenant Improvements have been paid, and there is no known basis for the filing of any mechanics’ or materialmen’s liens against the Premises, the Building or the ProjectProperty, and, to the best of our knowledge, waivers from all subcontractors and materialmen are valid and constitute an effective waiver of lien under applicable law.” (e) Copies of all of Tenant’s contractors’ warranties. (f) A reproducible copy of the “as built” drawings of the Tenant ImprovementsThe Completion Drawings. (g) A Notice of Completion recorded in the office of the Recorder of the County of Santa C▇▇▇▇ in accordance with Section 3093 of the Civil Code of the State of California or any successor statute. (h) Any other items reasonably requested by Landlord. Within fifteen thirty (1530) days after receipt of all of the above, Landlord shall make its disbursement of the final ten percent (10%) of the Improvement Allowance (or so much of the Improvement Allowance that has not yet been paid by Landlord, but in no event to exceed, in the aggregate, the actual cost of the design and construction of the Tenant Improvements) to Tenant or Tenant’s contractors, as applicable, as required above. Any portion of the Improvement Allowance not used in the design, construction and installation of the Tenant Improvements shall be retained by Landlord, and Tenant shall have no right to receive or apply toward Tenant’s rental obligations any portion of the Improvement Allowance not actually used.

Evidence of Completion. Within thirty (30) days following the Substantial Completion (as defined in Section 2.5 below) substantial completion of the Tenant ImprovementsImprovements (which shall mean completion of the Tenant Improvements and receipt of permit sign-offs, subject only to correction of punch-list items that do not affect safe occupancy of the Premises), Tenant shall submit to Landlord: (a) A statement of Tenant’s final construction costs, together with receipted evidence showing payment thereof, reasonably satisfactory to Landlord, and, to the extent not previously delivered, fully executed and notarized unconditional lien releases in the form prescribed by law from Tenant’s contractors, copies of all detailed, final invoices from Tenant’s contractors and subcontractors relating to the Tenant Improvements. (b) All Permits and other documents issued by any governmental authority in connection with the approval and completion of the Tenant Improvements, and all evidence reasonably available showing compliance with all applicable Laws of any and all governmental authorities having jurisdiction over the Premises, including, without limitation, a certificate of occupancy or its equivalent such as duly signed-off job cards, and/or building permit sign-offs, and/or other appropriate authorization. (c) A valid certificate of substantial completion executed by the Space Planner confirming that the Tenant Improvements have been substantially completed in accordance with the Final Construction Documents, subject to punch-list items to be completed by Tenant’s Contractor. (d) A written certificate, subscribed and sworn before a Notary Public, from Tenant’s general Contractor as follows: “There are no known mechanics’ or materialmen’s liens outstanding, all due and payable bills with respect to the Tenant Improvements have been paid, and there is no known basis for the filing of any mechanics’ or materialmen’s liens against the Premises, the Building or the Project, and, to the best of our knowledge, waivers from all subcontractors and materialmen are valid and constitute an effective waiver of lien under applicable law.” (e) Copies of all of Tenant’s contractors’ warranties. (fe) A reproducible copy of the “as built” drawings of the Tenant Improvements. (gf) Any other items reasonably requested by Landlord. Within fifteen (15) days after receipt of all of the above, Landlord shall make its disbursement of the final ten percent (10%) of the Improvement Allowance (or so much of the Improvement Allowance that has not yet been paid by Landlord, but in no event to exceed, in the aggregate, the actual cost of the design and construction of the Tenant Improvements) to Tenant or Tenant’s contractors, as applicable, as required above.

Evidence of Completion. Within thirty (30) days following the Substantial Completion (as defined in Section 2.5 below) substantial completion of the Tenant ImprovementsImprovements (which shall mean completion of the Tenant Improvements and receipt of permit sign-offs, subject only to correction of punch-list items that do not affect safe occupancy of the Premises), Tenant shall submit to Landlord: (a) A statement of Tenant’s final construction costs, together with receipted evidence showing payment thereof, reasonably satisfactory to Landlord, and, to the extent not previously delivered, fully executed and notarized unconditional lien releases in the form prescribed by law from Tenant’s contractors, copies of all detailed, final invoices from Tenant’s contractors and subcontractors relating to the Tenant Improvements. (b) All Permits and other documents issued by any governmental authority in connection with the approval and completion of the Tenant Improvements, and all evidence reasonably available showing compliance with all applicable Laws of any and all governmental authorities having jurisdiction over the Premises, including, without limitation, a certificate of occupancy or its equivalent such as duly signed-off job cards, and/or building permit sign-offs, and/or other appropriate authorization. (c) A valid certificate of substantial completion executed by the Space Planner confirming that the Tenant Improvements have been substantially completed in accordance in all material respects with the Final Construction Documents, subject to punch-list items to be completed by Tenant’s Contractor. (d) A written certificate, subscribed and sworn before a Notary Public, from Tenant’s general Contractor as follows: “There are no known mechanics’ or materialmen’s liens outstanding, all due and payable bills with respect to the Tenant Improvements have been paid, and there is no known basis for the filing of any mechanics’ or materialmen’s liens against the Premises, the Building Premises or the ProjectBuilding, and, to the best of our knowledge, waivers from all subcontractors and materialmen are valid and constitute an effective waiver of lien under applicable law.” (e) Copies of all of Tenant’s contractors’ warranties. (f) A reproducible copy of the “as built” drawings of the Tenant Improvements, which drawings shall show the dimensions and location of all elements of the Tenant Improvements completed in accordance with the Final Construction Documents. (g) Any other items reasonably requested by Landlord. Within fifteen thirty (1530) days after receipt of all of the above, Landlord shall make its disbursement of the final ten percent (10%) of the Improvement Allowance (or so much of the Improvement Allowance that has not yet been paid by Landlord, but in no event to exceed, in the aggregate, the actual cost of the design and construction of the Tenant Improvements) to Tenant or Tenant’s contractors, as applicable, as required above.