Common use of Standard of Construction Clause in Contracts

Standard of Construction. Landlord shall cause all work to be ------------------------ constructed in a good and workmanlike manner, free from material design and workmanship defects in accordance with the Approved Plans, the other Construction Documents, the Permits, and Applicable Law and Restrictions. Notwithstanding anything to the contrary in the Lease or this Improvement Agreement, Tenant's acceptance of the Landlord's Work shall not waive the foregoing warranty and Landlord shall promptly remedy all violations of the warranty at its sole cost and expense which occur during the first twelve (12) months of the Lease Term. Such warranty shall expire and be of no further force or effect on the date which is twelve (12) months after the Commencement Date. Tenant shall promptly notify Landlord in writing during the warranty period of any defect in construction or in the operation of equipment discovered during such period, and promptly thereafter Landlord shall commence the cure of such defect and complete such cure with diligence at Landlord's sole cost. After said twelve (12) month period, Tenant shall conclusively be deemed to have approved the construction of the Tenant Improvements and accepted them "as is", subject only to defects claimed as provided above. With respect to defects discovered after the expiration of said one (1) year period, the parties hereto acknowledge that it is their intention that Tenant have the benefit of any construction or equipment warranties existing in favor of Landlord that would assist Tenant in correcting such construction defects and in discharging its obligations regarding the repair and maintenance of the Premises. Upon request by Tenant following the expiration of such twelve (12) month period, Landlord shall inform Tenant of all written construction and equipment warranties existing in favor of Landlord which affect the Tenant Improvements. Landlord shall assign such warranties to Tenant upon request in order that Tenant may enforce the same.

Standard of Construction. Landlord shall cause all work to be ------------------------ constructed in a good and workmanlike manner, free from material design and workmanship defects in accordance with the Approved Plans, the other Construction Documents, the Permits, and Applicable Law and Restrictions. Notwithstanding anything to the contrary in the Lease or this Improvement Agreement, Tenant's acceptance of the Landlord's Work shall not waive the foregoing warranty and Landlord shall promptly remedy all violations of the warranty at its sole cost and expense which occur during the first twelve (12) months of the Lease Term. Such warranty shall expire and be of no further force or effect on the date which is twelve (12) months after the Commencement Date. Tenant shall promptly notify Landlord in writing during the warranty period of any defect in construction or in the operation of equipment discovered during such period, and promptly thereafter Landlord shall commence the cure of such defect and complete such cure with diligence at Landlord's sole cost. After said twelve (12) month period, Tenant shall conclusively be deemed to have approved the construction of the Tenant Improvements and accepted them "as is", subject only to defects claimed as provided above. With respect to defects discovered after the expiration of said one (1) year period, the parties hereto acknowledge that it is their intention that Tenant have the benefit of any construction or equipment warranties existing in favor of Landlord that would assist Tenant in correcting such construction defects and in discharging its obligations regarding the repair and maintenance of the Premises. Upon request by Tenant following the expiration of such twelve (12) month period, Landlord shall inform Tenant of all written construction and equipment warranties existing in favor of Landlord which affect the Tenant Improvements. Landlord shall assign such warranties to Tenant upon request in order that Tenant may enforce the same.