Common use of Monitoring of Progress Clause in Contracts

Monitoring of Progress. (a) Landlord will update Tenant on an on-going basis in connection with the Project and the schedule, and Tenant will have the right to monitor and inspect the Project as it progresses (including, without limitation, as to the inspection and uncovering of unsatisfactory work). Landlord shall update the Tenant in writing at least monthly as to the projected date(s) for each of the pertinent components of the Project. Landlord shall keep and maintain at all times and make available to Tenant for Tenant’s review all Space Plans and Construction Documents (including current as-built drawings, as and when prepared, but in any event Landlord shall deliver to Tenant three (3) complete copies of same within sixty (60) days following Substantial Completion, and in electronic format if available), specifications, field orders, change orders, shop drawings, catalog cuts and the like, in good order and reasonably marked to record all changes made during construction, as well as any invoices and bills. Tenant, at its sole cost and expense, shall have the right to retain construction consultants to assist Tenant throughout the construction process (including, without limitation, reviewing the Space Plans and Construction Documents and the Construction Budget, and in monitoring and inspecting the Project as it progresses), but any delays actually caused by such consultants shall be deemed to be a Tenant’s Delay, unless the delay is caused by the negligence of the Landlord or its agents, the Architect or the Contractor. The parties acknowledge that Tenant’s Representative is the consultant that will assist Tenant with the foregoing. (b) Tenant may inspect and conduct tests to determine whether construction is being performed consistent with the Base Building Shell Plans (as hereinafter defined) and/or the Construction Documents, regardless of whether such inspections or tests are required by the Base Building Shell Plans and/or Construction Documents. Should Tenant’s inspections or tests reveal that the work is not installed substantially in accordance with the Base Building Shell Plans and/or Construction Documents, the cost of uncovering and replacement shall be at Landlord’s expense. If Tenant’s inspections or tests require work to be uncovered and such inspections or tests reveal that the work has been installed substantially in accordance with the Base Building Shell Plans and/or Construction Documents, the costs of uncovering and replacement shall be at Tenant’s expense and any actual delay associated therewith shall be a Tenant Delay. Neither Tenant’s inspections, tests or approvals nor its failure to make any such inspections, tests or approvals shall relieve Landlord of its responsibility to complete the Project in accordance with Exhibit C and Exhibit D, nor constitute a waiver or acceptance of any defects in the work, unless otherwise expressly waived in writing by Tenant.