Common use of Substantial Completion Clause in Contracts

Substantial Completion. A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR 19.3.1 Demolition Contractor shall notify OWNER and ENGINEER in writing the Architect when Demolition Contractor considers that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection Completion of the Work or a designated portion to determine have been achieved. At the status time of completion. If ENGINEER does not consider notifying the Work substantially completeArchitect, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will Demolition Contractor shall prepare and deliver submit to OWNER Architect a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative written comprehensive list of items to be completed or corrected before prior to final paymentpayment (i.e. “punch list”). OWNER Architect shall have seven days after receipt of promptly review the tentative certificate during which punch list and conduct an inspection to make written objection to ENGINEER as to determine whether the Demolition Work or designated portion can be occupied or utilized for its intended use by Owner without excessive interference in completing any provisions of the certificate or attached listremaining unfinished Work by Demolition Contractor. If, after considering such objections, ENGINEER concludes If Architect determines that the Work is or designated portion has not substantially completereached Substantial Completion, ENGINEER will within 14 days after submission Architect shall promptly notify Demolition Contractor of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute such fact and deliver to OWNER and CONTRACTOR shall compile a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from corrected so Owner may occupy or utilize the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNERDemolition Work or designated portion for its intended use. At Demolition Contractor shall promptly complete all items on the time of delivery list. 19.3.2 When Substantial Completion of the tentative certificate Demolition Work or a designated portion is achieved, the Architect shall prepare and deliver to Owner and Demolition Contractor a Certificate of Substantial Completion ENGINEER will deliver to OWNER that shall establish the date of Substantial Completion and CONTRACTOR a written recommendation the respective responsibilities of Owner and Demolition Contractor for interim items such as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heatutilities, insurance and damage to the Demolition Work, and fixing the time for completion of all items on the list accompanying the Certificate. In the absence of a clear delineation of responsibilities, Owner shall assume all responsibilities for items such as security, maintenance, utilities, insuranceinsurance and damages to the Demolition Work. The Certificate of Substantial Completion shall be submitted by the Architect to Owner, and warranties and guarantees. for Owner's written acceptance of responsibilities assigned in the Certificate. 19.3.3 Unless OWNER and CONTRACTOR agree otherwise provided in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate Certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding warranties required by the Contract Documents shall commence on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete Completion of the Demolition Work or correct items on the tentative lista designated portion.

Substantial Completion. A. “Substantial Completion” means the stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the Owner’s opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and usable for intended purposes, as evidenced by a Certificate of Substantial Completion approved by the Owner. If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When CONTRACTOR the Contractor considers that the entire Work ready for its intended use CONTRACTOR Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify OWNER and ENGINEER in writing that Owner’s Designated Representative (sometimes referred to as the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete“ODR”) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of determination as to whether the Work to determine the status of completionor designated portion thereof is substantially complete. If ENGINEER the ODR does not consider the Work substantially complete, ENGINEER the ODR will notify CONTRACTOR the Contractor giving reasons therefore. Failure on the Owner’s part to list a reason does not alter the responsibility of the Contractor to complete all Work in writing giving accordance with the reasons thereforterms of this Agreement. After satisfactorily completing items identified by Owner’s Designated Representative, the Contractor shall then submit another request for the ODR to determine Substantial Completion. If ENGINEER The ODR considers the Work substantially complete, ENGINEER The ODR will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix establish the date of Substantial Completion. There , shall be attached to the certificate include a tentative punch list of items to be completed or corrected before final completion and final payment. OWNER , shall have seven days after receipt establish the time within which the Contractor shall finish the punch list, and shall establish responsibilities of the tentative certificate during which to make written objection to ENGINEER as to any provisions of Owner and the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to Contractor for security, operation, safety, and protection of the Work, maintenance, heat, utilities, damage to the Work, warranty and insurance, . Failure to include an item on the punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the terms and warranties and guaranteesconditions of this Agreement. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive The certificate of Substantial Completion, ENGINEER’s aforesaid recommendation Completion shall be signed by the Owner and the Contractor to evidence acceptance of the responsibilities assigned to them in such certificate. Substantial Completion (as defined in this agreement) for all stages of the Work shall be achieved on or before the following Substantial Completion date: DATE FOR SUBSTANTIAL COMPLETION: Under no circumstances will be binding on OWNER and CONTRACTOR until final paymentthe time for Substantial Completion exceed this date without a written amendment to this Agreement. THE TIMES SET FORTH IN THE CONSTRUCTION DOCUMENTS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT. TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THIS AGREEMENT. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. “Substantial Completion” means the stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the Owner’s opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and usable for intended purposes, as evidenced by a Certificate of Substantial Completion approved by the Owner. If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When CONTRACTOR the Contractor considers that the entire Work ready for its intended use CONTRACTOR Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify OWNER and ENGINEER in writing that Owner’s Designated Representative (sometimes referred to as the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete“ODR”) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of determination as to whether the Work to determine the status of completionor designated portion thereof is substantially complete. If ENGINEER the ODR does not consider the Work substantially complete, ENGINEER the ODR will notify CONTRACTOR the Contractor giving reasons therefore. Failure on the Owner’s part to list a reason does not alter the responsibility of the Contractor to complete all Work in writing giving accordance with the reasons thereforterms of this Agreement. After satisfactorily completing items identified by Owner’s Designated Representative, the Contractor shall then submit another request for the ODR to determine Substantial Completion. If ENGINEER The ODR considers the Work substantially complete, ENGINEER The ODR will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix establish the date of Substantial Completion. There , shall be attached to the certificate include a tentative punch list of items to be completed or corrected before final completion and final payment. OWNER , shall have seven days after receipt establish the time within which the Contractor shall finish the punch list, and shall establish responsibilities of the tentative certificate during which to make written objection to ENGINEER as to any provisions of Owner and the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to Contractor for security, operation, safety, and protection of the Work, maintenance, heat, utilities, damage to the Work, warranty and insurance, . Failure to include an item on the punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the terms and warranties and guaranteesconditions of this Agreement. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive The certificate of Substantial CompletionCompletion shall be signed by the Owner and the Contractor to evidence acceptance of the responsibilities assigned to them in such certificate. Substantial Completion (as defined in this agreement) for all stages of the Work shall be achieved on or before the following Substantial Completion date: DATE FOR SUBSTANTIAL COMPLETION: March 9, ENGINEER’s aforesaid recommendation 2018 Under no circumstances will be binding on OWNER and CONTRACTOR until final paymentthe time for Substantial Completion exceed this date without a written amendment to this Agreement. THE TIMES SET FORTH IN THE CONSTRUCTION DOCUMENTS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT. TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THIS AGREEMENT. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. “Substantial Completion” means the stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the Owner’s opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and usable for intended purposes, as evidenced by a Certificate of Substantial Completion approved by the Owner. If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When CONTRACTOR the Contractor considers that the entire Work ready for its intended use CONTRACTOR Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify OWNER and ENGINEER in writing that Owner’s Designated Representative (sometimes referred to as the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete“ODR”) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of determination as to whether the Work to determine the status of completionor designated portion thereof is substantially complete. If ENGINEER the ODR does not consider the Work substantially complete, ENGINEER the ODR will notify CONTRACTOR the Contractor giving reasons therefore. Failure on the Owner’s part to list a reason does not alter the responsibility of the Contractor to complete all Work in writing giving accordance with the reasons thereforterms of this Agreement. After satisfactorily completing items identified by Owner’s Designated Representative, the Contractor shall then submit another request for the ODR to determine Substantial Completion. If ENGINEER The ODR considers the Work substantially complete, ENGINEER The ODR will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix establish the date of Substantial Completion. There , shall be attached to the certificate include a tentative punch list of items to be completed or corrected before final completion and final payment. OWNER , shall have seven days after receipt establish the time within which the Contractor shall finish the punch list, and shall establish responsibilities of the tentative certificate during which to make written objection to ENGINEER as to any provisions of Owner and the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to Contractor for security, operation, safety, and protection of the Work, maintenance, heat, utilities, damage to the Work, warranty and insurance, . Failure to include an item on the punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the terms and warranties and guaranteesconditions of this Agreement. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive The certificate of Substantial Completion, ENGINEER’s aforesaid recommendation Completion shall be signed by the Owner and the Contractor to evidence acceptance of the responsibilities assigned to them in such certificate. Substantial Completion (as defined in this agreement) for all stages of the Work shall be achieved on or before the following Substantial Completion date: DATE FOR SUBSTANTIAL COMPLETION: 90 days from NTP Under no circumstances will be binding on OWNER and CONTRACTOR until final paymentthe time for Substantial Completion exceed this date without a written amendment to this Agreement. THE TIMES SET FORTH IN THE CONSTRUCTION DOCUMENTS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT. TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THIS AGREEMENT. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. When CONTRACTOR Contractor considers the entire Work ready for its intended use CONTRACTOR Contractor shall notify OWNER Owner and ENGINEER Engineer in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly thereafterafter Contractor’s notification, OWNEROwner, CONTRACTORContractor, and ENGINEER Engineer shall make an inspection of the Work to determine the status of completion. If ENGINEER Engineer does not consider the Work substantially complete, ENGINEER Engineer will notify CONTRACTOR Contractor in writing giving the reasons therefor. . C. If ENGINEER Engineer considers the Work substantially complete, ENGINEER Engineer will prepare and deliver to OWNER Owner a tentative preliminary certificate of Substantial Completion which shall will fix the date of Substantial Completion. There Engineer shall be attached attach to the certificate a tentative punch list of items to be completed or corrected before final payment. OWNER Owner shall have seven 7 days after receipt of the tentative preliminary certificate during which to make written objection to ENGINEER Engineer as to any provisions of the certificate or attached punch list. If, after considering such objectionsthe objections to the provisions of the preliminary certificate, ENGINEER Engineer concludes that the Work is not substantially complete, ENGINEER will Engineer will, within 14 days after submission of the tentative preliminary certificate to OWNER Owner, notify CONTRACTOR Contractor in writingwriting that the Work is not substantially complete, stating the reasons therefor. IfIf Owner does not object to the provisions of the certificate, after or if despite consideration of OWNEROwner’s objections, ENGINEER considers objections Engineer concludes that the Work is substantially complete, ENGINEER will then Engineer will, within said 14 days days, execute and deliver to OWNER Owner and CONTRACTOR Contractor a definitive final certificate of Substantial Completion (with a revised tentative punch list of items to be completed or corrected) reflecting such changes from the tentative preliminary certificate as ENGINEER Engineer believes justified after consideration of any objections from OWNER. Owner. D. At the time of delivery receipt of the tentative preliminary certificate of Substantial Completion ENGINEER Completion, Owner and Contractor will deliver to OWNER and CONTRACTOR a written recommendation as to division confer regarding Owner’s use or occupancy of responsibilities pending final payment between OWNER and CONTRACTOR the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, safety, and protection of the Work, property insurance, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing utilities upon Owner’s use or occupancy of the Work. E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to ENGINEER’s issuing the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. B. OWNER F. Owner shall have the right to exclude CONTRACTOR Contractor from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative punch list.

Substantial Completion. A. When CONTRACTOR considers Landlord shall give Tenant at least twenty (20) days prior written notice of the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing date that Landlord reasonably anticipates that the entire Landlord Work is and Tenant Improvements will be Substantially Complete (as defined below); provided, however, Landlord’s failure to accurately estimate such date shall in no event affect the actual date of Substantial Completion or any other obligations of Landlord or Tenant hereunder. For purposes of this Lease, “Substantial Completion” shall occur upon the completion of the last of the following to occur: (i) the completion of construction of the Landlord Work and the Tenant Improvements substantially complete pursuant to the Approved Working Drawings for such Tenant Improvements (except each as reasonably determined by Landlord), with the exception of any punch list items which do not impair Tenant’s ability to occupy the Premises for items specifically listed by CONTRACTOR as incompletetheir contemplated use, (ii) and request that ENGINEER issue the acquisition of a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection occupancy or its legal equivalent allowing occupancy of the Work Permanent Premises (a “Sign Off”), (iii) all base building systems are operational and fully-commissioned except to determine the status of completion. If ENGINEER does not consider extent effected by the Work substantially completeTenant Improvements, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There commissioning shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt part of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. Ifpunchlist described below, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correctediv) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative Permanent Premises to Tenant, and (v) delivery of a certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection substantial completion from the Architect on behalf of the Work, maintenance, heat, utilities, insurance, and warranties and guaranteesContractor confirming the matters set forth in the foregoing clause (i). Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing In the definitive event that the Sign Off is not a final certificate of occupancy, Landlord shall diligently prosecute the work necessary to achieve a full certificate of occupancy and use commercially reasonable efforts to obtain such full certificate of occupancy as soon as reasonably practicable following Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR The Contractor shall notify OWNER and ENGINEER in writing the Engineer when the Contractor considers that the entire Work Works have been completed in accordance with this Contract and are free from Defects, and the Works can be effectively used for the purpose for which they are intended. When the Engineer considers that Substantial Completion may have occurred (save for minor defects and incomplete work) a Technical Inspection shall be carried out when instructed by UNICEF. Within seven (7) days of the Technical Inspection the Engineer shall issue a defects list to the Contractor and UNICEF identifying all remaining defects and incomplete works and the timescales within which the Contractor is substantially required to remedy such defects and complete such incomplete work (except “Defects List for items specifically listed Substantial Completion”). The Contractor shall comply with the Defects List for Substantial Completion and shall notify the Engineer when it considers that all defects and incomplete work which the Contractor was required to remedy and complete in the Defects List for Substantial Completion have been remedied and completed. When instructed by CONTRACTOR as incomplete) and request that ENGINEER issue UNICEF a further Technical Inspection shall be carried out to determine whether or not a certificate of substantial completion (the "Certificate of Substantial Completion") should be issued. Promptly thereafterUNICEF (or with UNICEF’s prior written consent the Engineer on UNICEF’s behalf) shall issue the Certificate of Substantial Completion when UNICEF considers that Substantial Completion has occurred, OWNERprovided that UNICEF shall be entitled, CONTRACTORat UNICEF’s absolute discretion, and ENGINEER shall make an inspection to issue the Certificate of the Work to determine the status of completion. If ENGINEER Substantial Completion notwithstanding that UNICEF does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons thereforthat Substantial Completion has occurred. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate Issue of any Certificate of Substantial Completion which shall fix not relieve or limit the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed Contractor’s obligations or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate liabilities under or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNERconnection with this Contract and/or prejudice UNICEF’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute rights and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (obligations under or in connection with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final paymentthis Contract. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. When CONTRACTOR Contractor considers a Deliverable Portion of Work Substantially Complete, Contractor shall prepare for Owner Parties’ review and approval a comprehensive list of incomplete and unsatisfactory items. Owner Parties will edit and supplement this list, as appropriate, and when approved the entire list shall be the Punch List for such Deliverable Portion of Work. Contractor and Owner Parties shall also, at the same time they develop the first Punch List, establish a schedule (the “Punch List Schedule”) setting forth anticipated dates for Owner Parties’ inspections of all anticipated Deliverable Portions of Work ready to determine Substantial Completion and Final Completion of the same. Notwithstanding anything to the contrary contained in the Contract Documents, a Deliverable Portion of Work with systems - e.g., mechanical, electrical, HVAC - shall not be considered Substantially Complete until it has demonstrated a minimum of thirty (30) consecutive Days of successful, trouble-free operation, beginning after all inspections and testing have been completed for its intended use CONTRACTOR shall notify OWNER such Deliverable Portion of Work. Once a Punch List and ENGINEER in writing that Punch List Schedule are mutually accepted, Owner Parties will inspect the entire Project to determine if each Deliverable Portion of Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) Substantially Complete. During inspection, if Owner Parties determine any incomplete or incorrect item, whether or not included on the Punch List, causes the Deliverable Portion of Work to fail to be Substantially Complete, Contractor shall be given notice and shall promptly correct such item. Following completion of all incomplete items, Contractor shall request that ENGINEER issue Owner Parties’ re-inspect the Deliverable Portion of Work to again determine if it is Substantially Complete. When Owner Parties determine a Deliverable Portion of Work is Substantially Complete, Owner Parties will prepare a certificate (a “Certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER ”) that will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix establish the date of Substantial Completion of that Deliverable Portion of Work, fix the time within which Contractor shall complete and correct items noted in that Certificate of Substantial Completion. There shall be attached to , and designate the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt responsibilities of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute Owner and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to Contractor for security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guaranteesinsurance pertaining to such Deliverable Portion of Work. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate Upon receipt of a Certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER Contractor shall diligently complete all items of incomplete Work and CONTRACTOR until final payment. B. OWNER shall have repair all Defective Work, including those identified in the right to exclude CONTRACTOR from the Site after the date applicable Punch List and Certificate of Substantial Completion. However, but OWNER failure by any party to include an item on the Punch List or in the Certificate of Substantial Completion shall allow CONTRACTOR reasonable access not alter Contractor’s responsibility to complete all Work in accordance with the Contract Documents. SAMPLE In accordance with the Punch List Schedule, Owner Parties anticipate they will make an initial visit and one re-inspection for each of Contractor’s Deliverable Portions of Work. If, after making a re-inspection, Owner Parties determine a Deliverable Portion of Work is not Substantially Complete or correct items on the tentative listthat previously scheduled Punch List Work has not been completed, Contractor shall pay, without Owner’s reimbursement, Owner Parties’ costs and expenses resulting from additional inspections necessary for Owner Parties to issue Certificates of Substantial Completion.

Substantial Completion. A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR The Contractor shall notify OWNER and ENGINEER in writing the Engineer when the Contractor considers that the entire Work is substantially complete Works have been completed in accordance with this Contract and are free from Defects, and the Works can be effectively used for the purpose for which they are intended. When the Engineer considers that Substantial Completion may have occurred (except save for items specifically listed minor defects and incomplete work) a Technical Inspection shall be carried out when instructed by CONTRACTOR as incompleteUNICEF. Within seven (7) and request that ENGINEER days of the Technical Inspection the Engineer shall issue a certificate of defects list to the Contractor and UNICEF identifying all remaining defects and incomplete works and the timescales within which the Contractor is required to remedy such defects and complete such incomplete work (“Defects List for Substantial Completion”). Promptly thereafter, OWNER, CONTRACTOR, The Contractor shall comply with the Defects List for Substantial Completion and ENGINEER shall make an inspection of notify the Work Engineer when it considers that all defects and incomplete work which the Contractor was required to remedy and complete in the Defects List for Substantial Completion have been remedied and completed. When instructed by UNICEF a further Technical Inspection shall be carried out to determine whether or not the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix should be issued (the date "Certificate of Substantial Completion"). There UNICEF (or with UNICEF’s prior written consent the Engineer on UNICEF’s behalf) shall be attached to issue the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate Certificate of Substantial Completion (with a revised tentative list of items when UNICEF considers that Substantial Completion has occurred, provided that UNICEF shall be entitled, at UNICEF’s absolute discretion, to be completed or corrected) reflecting such changes from issue the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate Certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division notwithstanding that UNICEF does not consider that Substantial Completion has occurred. Issue of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate any Certificate of Substantial Completion, ENGINEERCompletion shall not relieve or limit the Contractor’s aforesaid recommendation will be binding on OWNER obligations or liabilities under or in connection with this Contract and/or prejudice UNICEF’s rights and CONTRACTOR until final paymentobligations under or in connection with this Contract. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. When CONTRACTOR considers “Substantially Completed” or “Substantial Completion” means that (i) Landlord has completed the entire Finish Work ready in accordance with the Working Plans, except for its intended (x) minor details of construction that will not unreasonably interfere with Tenant’s use CONTRACTOR of the Premises (collectively, “Punch List Items”), which Punch List Items shall notify OWNER be completed by Landlord as soon as reasonably possible, and ENGINEER in writing (y) any part of the Finish Work that is not completed due to a Tenant Delay; and (ii) Landlord has obtained a valid temporary or permanent certificate of occupancy for the entire Premises or, alternatively, Landlord has completed all the Finish Work necessary to entitle Landlord to the issuance of a temporary or permanent certificate of occupancy other than any Finish Work that is not completed due to a Tenant Delay. A “Tenant Delay” will be deemed to have occurred if the completion of the Finish Work is substantially complete delayed due to any act or omission by Tenant or Tenant’s Visitors, including, but not limited to, delays due to changes in or additions to the Finish Work requested by Tenant, delays in submission of information or estimates, delays in giving authorizations or approvals, delays due to the postponement of any work at the request of Tenant, or delays caused by Tenant’s performance of (except for items or its contractors’ performance of) the Tenant’s Work, but specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate excluding any delay arising from an action or inaction of Substantial CompletionLandlord, Landlord’s employees, Landlord’s agents or any combination thereof. Promptly thereafterNotwithstanding the foregoing, OWNER, CONTRACTORno Tenant Delay shall be deemed to have occurred unless Landlord notifies Tenant of such delay, and ENGINEER shall make an inspection of the Work Tenant fails to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing cure such circumstances giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver rise to OWNER a tentative certificate of Substantial Completion which shall fix such Tenant Delay within two (2) business days following the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final paymentTenant obtains actual knowledge thereof. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. When CONTRACTOR considers 9.8.1 Substantial Completion is the entire stage in the progress of the Work ready when the Work is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use CONTRACTOR shall notify OWNER and ENGINEER use. 9.8.2 Unless otherwise provided in writing the Contract Documents, when the Contractor considers that the entire Work Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers Contractor shall thoroughly inspect the Work substantially complete, ENGINEER will and prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached submit to the certificate Engineer a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative comprehensive list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration , Contractor’s Notice of any objections from OWNER. At the time of delivery Substantial Completion, and a written request for Engineer’s review of the tentative certificate Work. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon approval of Substantial Completion ENGINEER will deliver by Brazos County, Contractor has thirty (30) days to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection reach Final Completion of the Work. If the Contractor does not achieve Final Completion within thirty (30) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11.2 herein. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor’s Notice of Substantial Completion and the Contractor’s list, the Engineer and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Engineer's and Owner’s inspections disclose any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Engineer. In such case, the Contractor shall then submit another Contractor’s Notice of Substantial Completion and a request for another inspection by the Engineer and Owner to determine Substantial Completion. 9.8.4 When the Work is substantially complete, the Engineer will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and warranties and guaranteesshall fix the time within which the contractor shall finish all items on the list accompanying the Certificate. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing Warranties required by the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding Contract Documents shall commence on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, but OWNER if any, the Owner shall allow CONTRACTOR reasonable access make payment of retainage applying to complete such Work or correct items on designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the tentative listrequirements of the Contract Documents.

Substantial Completion. ‌ A. When CONTRACTOR considers the entire Work ready for its intended use use, CONTRACTOR shall notify OWNER and ENGINEER CITY REP, in writing writing, that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER CITY REP issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, CITY REP and ENGINEER the Project Designer shall make an inspection of the Work to determine the status of completion. If ENGINEER CITY does not consider the Work substantially complete, ENGINEER CITY REP will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER CITY considers the Work substantially complete, ENGINEER CITY REP, with the concurrence of CITY and assistance from the Project Designer, will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list (punch list) of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute acceptance and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative and shall fix the date of Substantial Completion. The list of items to be completed or corrected) reflecting such changes from corrected shall be attached to the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNERSubstantial Completion when it is issued to CONTRACTOR. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER and list, CITY REP will also deliver to OWNER and CONTRACTOR a written recommendation as to a division of responsibilities pending final payment between OWNER CITY and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, utilities and insurance, and warranties and guarantees. Unless OWNER and until CONTRACTOR and CITY agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Substantial Completionwriting, ENGINEER’s aforesaid this recommendation will shall be binding on OWNER CITY and CONTRACTOR until final paymentCONTRACTOR. B. OWNER CITY shall have the right to exclude CONTRACTOR from the Site Work after the date of Substantial Completion, but OWNER CITY shall allow CONTRACTOR reasonable access to complete or correct items on the tentative punch list.

Substantial Completion. A. When CONTRACTOR DB Entity considers the entire Work ready for its intended use CONTRACTOR DB Entity shall notify OWNER and ENGINEER Owner in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR DB Entity as incomplete) and request that ENGINEER Owner issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, Owner and ENGINEER DB Entity shall make an inspection of the Work to determine the status of completion. If ENGINEER Owner does not consider the Work substantially complete, ENGINEER Owner will notify CONTRACTOR DB Entity in writing giving the reasons therefor. If ENGINEER Owner considers the Work substantially complete, ENGINEER Owner will prepare and deliver to OWNER DB Entity a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final paymentFinal Acceptance (“Punch List”). OWNER shall have seven Within five (5) working days after receipt of a proposed Punch List, Owner shall either (a) approve the tentative certificate during which Punch List or (b) request that certain amendments or modifications be made to make written objection to ENGINEER as to any provisions of the certificate or attached listPunch List. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR The Parties shall meet and negotiate in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days good faith and shall promptly agree on and execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items an amended Punch List to be completed or corrected) reflecting such changes from by the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNERDB Entity before Final Completion is achieved. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER Owner will deliver to OWNER and CONTRACTOR DB Entity a written recommendation determination as to division of responsibilities pending final payment Final Acceptance between OWNER Owner and CONTRACTOR DB Entity with respect to security, operation, safety, and protection of the WorkConstruction, maintenance, heat, utilities, insurance, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall Owner will have the right to exclude CONTRACTOR DB Entity from the Site after the date of Substantial Completion, but OWNER shall Owner will allow CONTRACTOR DB Entity reasonable access to complete or correct items on the tentative list.list of items to be completed, subject, however, to DB Entity’s access to the Site during the 12-month operating services period..

Substantial Completion. A. When CONTRACTOR Contractor considers the entire Work ready for its intended use CONTRACTOR Contractor shall notify OWNER Owner and ENGINEER Engineer in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR Contractor as incomplete) and request that ENGINEER Engineer issue a certificate of Substantial Completion. . B. Promptly thereafterafter Contractor's notification, OWNER, CONTRACTOROwner, Contractor, and ENGINEER Engineer shall make an inspection of the Work to determine the status of completion. If ENGINEER Engineer does not consider the Work substantially complete, ENGINEER Engineer will notify CONTRACTOR Contractor in writing giving the reasons therefor. . C. If ENGINEER Engineer considers the Work substantially complete, ENGINEER Engineer will prepare and deliver to OWNER Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER Owner shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER Engineer as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER Engineer concludes that the Work is not substantially complete, ENGINEER Engineer will within 14 days after submission of the tentative certificate to OWNER Owner notify CONTRACTOR Contractor in writing, stating the reasons therefor. If, after consideration of OWNER’s Owner's objections, ENGINEER Engineer considers the Work substantially complete, ENGINEER Engineer will within said 14 days execute and deliver to OWNER Owner and CONTRACTOR Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correctedcorrect- ed) reflecting such changes from the tentative certificate as ENGINEER Engineer believes justified after consideration of any objections from OWNER. Owner. D. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER Completion, Engineer will deliver to OWNER Owner and CONTRACTOR Contractor a written recommendation recommen- ▇▇▇▇▇▇ as to division of responsibilities pending final payment between OWNER Owner and CONTRACTOR Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER Owner and CONTRACTOR Contractor agree otherwise in writing and so inform ENGINEER Engineer in writing prior to ENGINEER’s Engineer's issuing the definitive certificate of Substantial Completion, ENGINEER’s Engineer's aforesaid recommendation will be binding on OWNER Owner and CONTRACTOR Contractor until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. When CONTRACTOR considers Substantial Completion shall be determined by the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that Building Project Architect with the entire Work is substantially complete concurrence of the RURCBOG Representative (except for items specifically listed if so requested by CONTRACTOR as incompleteRURCBOG) and request that ENGINEER issue a certificate RURCBOG, and evidenced by the Building Project Architect's certification of Substantial Completion, in form and substance reasonably satisfactory to RURCBOG and countersigned by the RURCBOG Representative. Promptly thereafterFollowing the issuance of a temporary Certificate of Occupancy by the City for the Building Project and when the Owner's Representative considers that the Building Project is Substantially Complete, OWNERit shall so notify RURCBOG whereupon RURCBOG will inspect the Building Project to determine whether the Building Project is Substantially Complete. If said inspection discloses any item which prevents the Building Project from being certified as Substantially Complete, CONTRACTORthe Owner's Representative shall, and ENGINEER shall make an inspection before issuance of the Work Certificate of Substantial Completion, cause such item to be corrected by the General Contractor. In such case, the Owner's Representative shall then submit a request for another inspection to determine Substantial Completion. When the status of completion. If ENGINEER does not consider Building Project is Substantially Complete the Work substantially complete, ENGINEER Building Project Architect will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER issue a tentative certificate Certificate of Substantial Completion which shall fix establish the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection shall establish responsibilities of the WorkRURCBOG and Owner's Representative, as applicable, for security, maintenance, heat, utilities, and insurance. The Certificate of Substantial Completion shall also include a punch list of Work to be completed, and shall fix the time within which the Owner's Representative shall finish all items on the punch list in accordance with the terms of this Agreement. The warranties and guarantees. Unless OWNER and CONTRACTOR agree provided pursuant to the Construction Contract shall commence on the date of Final Completion of Project unless otherwise provided in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate Certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR . Additional Assurances sufficient to cover the cost of such punch list items shall remain available to RURCBOG until final paymenttheir completion. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR Landlord shall notify OWNER assign to Tenant any and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed all warranties and guarantees of third parties held by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafterLandlord, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to securitythe Expansion Improvements that Tenant is responsible to maintain pursuant to the terms hereof and that extend beyond the 12-month period, operationfor enforcement directly by Tenant. If a warranty or guaranty is not assignable, safetythen Landlord shall enforce it for the benefit of Tenant, as directed by Tenant. (b) Landlord, at its sole cost and protection expens▇, ▇▇▇ll comply with and shall be solely responsible for compliance with all laws in connection with the Work, including without limitation, the completion of the Work, maintenancethe filing of any construction or engineering documents and obtaining any required approvals or permits from any applicable governmental authority, heat, utilities, insuranceincluding without limitation a temporary (if necessary) and permanent certificate of occupancy for the Premises (or its equivalent). (c) Tenant shall designate a representative ("Tenant's Agent") as having sole authority to speak for and bind Tenant during construction of the Expansion Improvements. Landlord shall not be authorized to proceed with any Tenant Improvement without authority by Tenant's Agent, and warranties and guaranteessuch authorization by Tenant's Agent shall be de▇▇▇▇ ▇uthorization by Tenant. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior Landlord shall not be authorized to ENGINEER’s issuing the definitive certificate accept changes or additions from any other employees of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final paymentTenant except Tenant's Agent. B. OWNER (d) Landlord shall have use commercial▇▇ ▇▇▇sonable efforts to Substantially Complete (as defined below) the right Expansion Improvements by March 30, 2002 and to exclude CONTRACTOR from minimize any interference to Tenant and its business. The design and construction of the Site Premises shall be Substantially Completed in accordance with the dates agreed to by the parties and may include after-hours work. Landlord shall notify Tenant when the Expansion Improvements are Substantially Complete. Upon receipt of such notice, Landlord and Tenant's Agent shall prepare and execute a punchlist. The punchlist ▇▇▇▇▇ list incomplete, minor and insubstantial details of construction, necessary mechanical adjustments, and needed finishing touches. Landlord shall complete the punchlist items within thirty (30) calendar days thereafter. During the first twelve (12) months after the date of Substantial CompletionCompletion of the Expansion Improvements, but OWNER Landlord shall allow CONTRACTOR reasonable access promptly correct any defect, patent or latent in the Expansion Improvements at Landlord's sole cost and expense, as they become known to complete Landlord or correct items on the tentative listwithin thirty (30) days after Tenant notifies Landlord of such defect.

Substantial Completion. A. When CONTRACTOR considers 9.8.1 Substantial Completion is the entire stage in the progress of the Work ready when the Work is complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use CONTRACTOR shall notify OWNER and ENGINEER use. 9.8.2 Unless otherwise provided in writing the Contract Documents, when the Contractor considers that the entire Work Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers Contractor shall thoroughly inspect the Work substantially complete, ENGINEER will and prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached submit to the certificate Engineer a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative comprehensive list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration , Contractor’s Notice of any objections from OWNER. At the time of delivery Substantial Completion, and a written request for Engineer’s review of the tentative certificate Work. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Upon approval of Substantial Completion ENGINEER will deliver by Brazos County, Contractor has thirty (30) days to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection reach Final Completion of the Work. If the Contractor does not achieve Final Completion within thirty (30) days after Substantial Completion, Contractor shall be subject to additional Liquidated Damages as set forth under paragraph 9.11 herein. 9.8.3 Unless otherwise provided in the Contract Documents, after receipt of the Contractor’s Notice of Substantial Completion and the Contractor’s list, the Engineer and Owner will make inspections to determine whether the Work or designated portion thereof is substantially complete. If the Engineer's and Owner’s inspections disclose any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Engineer. In such case, the Contractor shall then submit another Contractor’s Notice of Substantial Completion and a request for another inspection by the Engineer and Owner to determine Substantial Completion. 9.8.4 When the Work is substantially complete, the Engineer will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and warranties and guaranteesshall fix the time within which the contractor shall finish all items on the list accompanying the Certificate. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing Warranties required by the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding Contract Documents shall commence on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance or responsibilities assigned to them in such Certificate. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, but OWNER if any, the Owner shall allow CONTRACTOR reasonable access make payment of retainage applying to complete such Work or correct items on designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the tentative listrequirements of the Contract Documents.

Substantial Completion. A. When CONTRACTOR considers “Substantial Completion” of construction of the entire Work ready for its intended use CONTRACTOR Second Expansion Improvements shall notify OWNER and ENGINEER in writing be defined as the date upon which the Space Planner or other consultant engaged by Landlord determines that the entire Work is Second Expansion Improvements have been substantially complete (completed except for Punch List items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate (defined below), unless the completion of Substantial Completion. Promptly thereaftersuch improvements was delayed due to any Tenant Delay (defined below), OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix case the date of Substantial Completion. There Completion shall be attached to the certificate a tentative list of date such improvements would have been completed, but for the Tenant Delays. The term “Punch List” items to shall mean items that constitute minor defects or adjustments which can be completed or corrected before final payment. OWNER shall have seven days after receipt occupancy without causing any material interference with Tenant’s use of the tentative certificate during which to make written objection to ENGINEER as to any provisions Second Expansion Premises. After the completion of the certificate or attached list. IfSecond Expansion Improvements, after considering such objectionsTenant shall, ENGINEER concludes that the Work is not substantially completeupon demand, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR Landlord a definitive certificate letter of Substantial Completion acceptance of improvements performed on the Second Expansion Premises. The term “Tenant Delay” shall include, without limitation, any delay in the completion of construction of Second Expansion Improvements resulting from (i) Tenant’s failure to comply with the provisions of this Work Letter, (ii) any additional time as reasonably determined by Landlord required for ordering, receiving, fabricating and/or installing items or materials or other components of the construction of Second Expansion Improvements, including, without limitation, mill work, (iii) delay in work caused by submission by Tenant of a revised tentative list request for any change order (defined below) following Tenant’s approval of items to be completed the Final Plans, or corrected) reflecting such changes from for the tentative certificate as ENGINEER believes justified after consideration implementation of any objections from OWNERchange order, or (iv) any delay by Tenant in timely submitting comments or approvals to the Temporary Plans or Final Plans. At The failure of Tenant to take possession of or to occupy the time Second Expansion Premises (or any portion thereof) shall not serve to relieve Tenant of delivery obligations arising on the Second Expansion Commencement Date or delay the payment of rent or other sums payable by Tenant under and as set forth in the Lease. BROKERAGE SERVICES Office Buildings July 21, 2006 CBRE CB ▇▇▇▇▇▇▇ ▇▇▇▇▇ CB ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ T ▇▇▇ ▇▇▇ ▇▇▇▇ F ▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Senior Vice President Office Buildings/Corporate Services ▇▇. ▇▇▇▇ ▇▇▇▇▇▇ Eschelon Telecom, Inc. ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Dear Phil: On behalf of the tentative certificate of Substantial Completion ENGINEER will deliver Parkside office building, we would like to OWNER and CONTRACTOR a written recommendation thank you for your patience over the last few months as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection we have worked through the sale of the Workbuilding. Eschelon Telecom is a valued tenant of the Parkside Tower and we are excited about the prospect of expanding their presence in the building. Landlord: Parkside Salt Lake Corporation Tenant: Eschelon Telecom, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.Inc.

Substantial Completion. A. When CONTRACTOR considers Sublandlord, at its sole cost and expense, shall obtain all permits and approvals for the entire Work ready construction of the Building. Sublandlord shall diligently proceed with the construction of the Building to achieve Substantial Completion. “Substantial Completion” is defined as the state of construction at which the work is sufficiently complete and in accordance with the Final Plans and Design Detail DD Worksheets dated _ and as signed by Sublandlord and Subtenant, so that Subtenant could occupy and utilize the work or a specific portion of it, for its intended use CONTRACTOR use. Substantial Completion shall notify OWNER and ENGINEER in writing that be deemed to have occurred on the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue date upon which the Project Representative issues a certificate Certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, The term “Project Representative” shall mean the Prime Landlord’s Capital Projects Director or designee. Sublandlord recognizes and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER agrees that a tentative certificate Certificate of Substantial Completion which shall fix not be issued unless the date vault and concrete floor within the vault meet the requirements of Substantial Completionthe Alaska State Public Health Laboratories Department of Radiation Health. There Included in the certificate shall be attached to the certificate a tentative list of items to which must be completed or corrected before final paymentcompletion and the time within which such items shall be complete and corrected. OWNER The Certificate of Substantial Completion shall have seven days after receipt state the date of Substantial Completion and shall specifically authorize Subtenant to take possession of the tentative premises and utilize them for their intended purpose provided Subtenant is otherwise in compliance with the sublease agreement requirements and the certificate during of occupancy has been issued. Subtenant's beneficial occupancy of the premises shall make reasonable allowance for the performance of the work which Sublandlord must complete prior to make written objection to ENGINEER as to any provisions final completion. Sublandlord shall diligently pursue issuance of the certificate of occupancy and promptly deliver a copy to Subtenant upon Sublandlord’s receipt thereof (with the original to be posted in the Premises if required by applicable code or attached listordinance). If, after considering such objections, ENGINEER concludes that Sublandlord shall notify Subtenant in writing approximately 30 days before the Work is not substantially complete, ENGINEER will within 14 estimated date of Substantial Completion. Within 5 business days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate anticipated date of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER Sublandlord and CONTRACTOR until final payment. B. OWNER Subtenant shall have jointly inspect the right to exclude CONTRACTOR from Building and agree upon a punch list of items in accordance with the Site after Final Plans needing completion or correction. As soon as Substantial Completion has been achieved, Sublandlord shall notify Subtenant in writing of the date certified by the Project Representative as the date of Substantial Completion, but OWNER which date shall allow CONTRACTOR be the “Commencement Date” of this Lease. If Subtenant occupies any portion of the Premises prior to Substantial Completion or the Commencement Date, the terms of this Lease shall apply to such occupancy or use of the Premises by Subtenant. Sublandlord shall use all reasonable access diligent efforts to complete all punch list items within 30 days after agreement upon the punch list, subject, however, to long lead time items which must be ordered and to seasonal requirements for any landscaping and exterior work. If Substantial Completion of the Initial Subtenant Improvements has not occurred by April 15, 2013, and such delay was not in part or correct items on in total the tentative listresult of subtenant’s actions or inactions, then Sublandlord shall pay to Subtenant a penalty of $4,500.00 per day for each day that Substantial Completion of the Premises is delayed past April 15, 2013, retroactive to April 15, 2013. Within 5 days after the Commencement Date, Subtenant shall, upon demand, execute and deliver to Sublandlord a letter of acceptance of delivery of the Premises and confirmation of the Commencement Date.

Substantial Completion. A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion" shall occur when the Improvements are substantially completed as certified by the architect preparing the Shell Plans utilizing AIA document G704. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate Certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER Landlord has obtained all requisite governmental approvals relating to substantial completion such that Tenant may lawfully occupy the Building. Substantial Completion shall have occurred even though minor details of construction, decoration, landscaping, and mechanical adjustments remain to be completed by Landlord. When the right Certificate of Substantial Completion is issued, Landlord and the architect shall prepare a punch list of incomplete, minor, detail items and Landlord shall use all reasonable efforts to exclude CONTRACTOR from complete such items within thirty (30) days after the Site Certificate of Substantial Completion is issued, except as to such items that, by their nature, will take a longer period to complete as set forth in the punch list. "Force Majeure Delay Days" means the number of days of delay for Substantial Completion caused by Force Majeure Events. "Force Majeure Event" means any strike, riot, act of God, shortage of labor or materials, war, governmental law, regulation, or restriction, or any other cause of any kind whatsoever which is beyond the reasonable control of Landlord. "Tenant Delay Days" means the number of days of delay for Substantial Completion caused by (a) any acts of a Tenant Party, (b) changes requested by Tenant in the approved Interior Drawings, or (c) any specifications by Tenant of materials or installations which are not readily available. If Substantial Completion is delayed because of Tenant Delay Days, then the Term Commencement Date shall not be extended, but rather shall start on the date on which Substantial Completion would have occurred but for such Tenant Delay Days. As a clarification to the foregoing, and notwithstanding the provisions of Section 2.3(c) hereof setting forth certain review and response periods with respect to the Interior Drawings, if Tenant for any reason fails to deliver to Landlord, on or before Friday, January 9, 1998, preliminary plans for the Interior Improvements ("Tenant's Preliminary Plans") in form reasonably satisfactory for Landlord to prepare (or cause its architect to prepare) the Interior Drawings, each day after January 9, 1998, for which ▇▇▇▇▇▇ fails to furnish Tenant's Preliminary Plans to Landlord shall be a Tenant Delay Day for purposes of determining the Term Commencement Date hereunder; if Tenant for any reason fails to approve Landlord's initial Interior Drawings (prepared in accordance with Tenant's Preliminary Plans) within five (5) business days after the date Landlord delivers such initial Interior Drawings to Tenant, each day after such fifth day until Tenant finally approves the Interior Drawings shall be a Tenant Delay Day for purposes of Substantial Completiondetermining the Term Commencement Date hereunder; and if Tenant at any time after submission of ▇▇▇▇▇▇'s Preliminary Plans to Landlord changes any item with respect to the Tenant's Preliminary Plans, but OWNER the number of days of delay caused thereby shall allow CONTRACTOR reasonable access to complete or correct items on constitute Tenant Delay Days for purposes of determining the tentative listTerm Commencement Date hereunder.

Substantial Completion. A. When CONTRACTOR DB Entity considers the entire Work ready for its intended use CONTRACTOR DB Entity shall notify OWNER and ENGINEER Owner in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR DB Entity as incomplete) and request that ENGINEER Owner issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, Owner and ENGINEER DB Entity shall make an inspection of the Work to determine the status of completion. If ENGINEER Owner does not consider the Work substantially complete, ENGINEER Owner will notify CONTRACTOR DB Entity in writing giving the reasons therefor. If ENGINEER Owner considers the Work substantially complete, ENGINEER Owner will prepare and deliver to OWNER DB Entity a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final paymentFinal Acceptance (“Punch List”). OWNER shall have seven Within five (5) working days after receipt of a proposed Punch List, Owner shall either (a) approve the tentative certificate during which Punch List or (b) request that certain amendments or modifications be made to make written objection to ENGINEER as to any provisions of the certificate or attached listPunch List. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR The Parties shall meet and negotiate in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days good faith and shall promptly agree on and execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items an amended Punch List to be completed or corrected) reflecting such changes from by the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNERDesign-Builder before Final Completion is achieved. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER Owner will deliver to OWNER and CONTRACTOR DB Entity a written recommendation determination as to division of responsibilities pending final payment Final Acceptance between OWNER Owner and CONTRACTOR DB Entity with respect to security, operation, safety, and protection of the WorkConstruction, maintenance, heat, utilities, insurance, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall Owner will have the right to exclude CONTRACTOR DB Entity from the Site after the date of Substantial Completion, but OWNER shall Owner will allow CONTRACTOR DB Entity reasonable access to complete or correct items on the tentative listlist of items to be completed.

Substantial Completion. A. When CONTRACTOR considers The Expansion Space shall be deemed completed and possession delivered when Landlord has substantially completed Landlord's work, subject only to the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that completion of minor items which do not materially impair the entire Work is substantially complete (except for items specifically listed usability of the Expansion Space by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTORTenant, and ENGINEER Tenant shall make an inspection accept the Expansion Space upon notice from Landlord that such Landlord's Work has been so completed. Landlord shall use its reasonable efforts to advise Tenant of the Work anticipated date of substantial completion at least five (5) days prior to determine such date, but the status failure to give such notice shall not constitute a default hereunder by Landlord or give rise to any claim for damages by Tenant. By entry hereunder Tenant accepts the Expansion Space as being in the condition in which Landlord is obligated to deliver it (subject to completion of completionitems on Landlord's punchlist, which punchlist items Landlord shall complete in a diligent manner no later than thirty (30) days following the Expansion Space Commencement Date). If ENGINEER does not consider the Work substantially completeThe Expansion Space Commencement Date, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix being the date of Substantial Completion. There Tenant's obligation to pay rent hereunder commences, shall be advanced the number of days said date is postponed by Tenant Delay (as defined in the Lease.) Tenant shall execute and return to Landlord a letter in the form attached hereto as Exhibit B, confirming the Expansion Space Commencement Date. In the event that any portion of the Expansion Space may be lawfully occupied prior to substantial completion, and if Landlord gives its prior written approval to such early occupancy, Tenant may take early occupancy of such portion of the Expansion Space on such date as Landlord and Tenant shall agree, and notwithstanding any above provisions to the certificate a tentative list of items contrary, the Expansion Space Commencement Date and Tenant's obligation to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR pay Base Annual Rent with respect to security, operation, safety, and protection such portion of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final paymentExpansion Space shall commence upon occupancy. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. “Substantial Completion” means the stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the Owner’s opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and usable for intended purposes, as evidenced by a Certificate of Substantial Completion approved by the Owner. If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When CONTRACTOR the Contractor considers that the entire Work ready for its intended use CONTRACTOR Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify OWNER and ENGINEER in writing that Owner’s Designated Representative (sometimes referred to as the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete“ODR”) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of determination as to whether the Work to determine the status of completionor designated portion thereof is substantially complete. If ENGINEER the ODR does not consider the Work substantially complete, ENGINEER the ODR will notify CONTRACTOR the Contractor giving reasons therefore. Failure on the Owner’s part to list a reason does not alter the responsibility of the Contractor to complete all Work in writing giving accordance with the reasons thereforterms of this Agreement. After satisfactorily completing items identified by Owner’s Designated Representative, the Contractor shall then submit another request for the ODR to determine Substantial Completion. If ENGINEER The ODR considers the Work substantially complete, ENGINEER The ODR will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix establish the date of Substantial Completion. There , shall be attached to the certificate include a tentative punch list of items to be completed or corrected before final completion and final payment. OWNER , shall have seven days after receipt establish the time within which the Contractor shall finish the punch list, and shall establish responsibilities of the tentative certificate during which to make written objection to ENGINEER as to any provisions of Owner and the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to Contractor for security, operation, safety, and protection of the Work, maintenance, heat, utilities, damage to the Work, warranty and insurance, . Failure to include an item on the punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the terms and warranties and guaranteesconditions of this Agreement. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive The certificate of Substantial Completion, ENGINEER’s aforesaid recommendation Completion shall be signed by the Owner and the Contractor to evidence acceptance of the responsibilities assigned to them in such certificate. Substantial Completion (as defined in this agreement) for all stages of the Work shall be achieved on or before the following Substantial Completion date: DATE FOR SUBSTANTIAL COMPLETION: 55 days from Notice to Proceed Under no circumstances will be binding on OWNER and CONTRACTOR until final paymentthe time for Substantial Completion exceed this date without a written amendment to this Agreement. THE TIMES SET FORTH IN THE CONSTRUCTION DOCUMENTS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT. TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THIS AGREEMENT. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. “Substantial Completion” means the stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the Owner’s opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and usable for intended purposes, as evidenced by a Certificate of Substantial Completion approved by the Owner. If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When CONTRACTOR the Contractor considers that the entire Work ready for its intended use CONTRACTOR Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify OWNER and ENGINEER in writing that Owner’s Designated Representative (sometimes referred to as the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete“ODR”) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of determination as to whether the Work to determine the status of completionor designated portion thereof is substantially complete. If ENGINEER the ODR does not consider the Work substantially complete, ENGINEER the ODR will notify CONTRACTOR the Contractor giving reasons therefore. Failure on the Owner’s part to list a reason does not alter the responsibility of the Contractor to complete all Work in writing giving accordance with the reasons thereforterms of this Agreement. After satisfactorily completing items identified by Owner’s Designated Representative, the Contractor shall then submit another request for the ODR to determine Substantial Completion. If ENGINEER The ODR considers the Work substantially complete, ENGINEER The ODR will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix establish the date of Substantial Completion. There , shall be attached to the certificate include a tentative punch list of items to be completed or corrected before final completion and final payment. OWNER , shall have seven days after receipt establish the time within which the Contractor shall finish the punch list, and shall establish responsibilities of the tentative certificate during which to make written objection to ENGINEER as to any provisions of Owner and the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to Contractor for security, operation, safety, and protection of the Work, maintenance, heat, utilities, damage to the Work, warranty and insurance, . Failure to include an item on the punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the terms and warranties and guaranteesconditions of this Agreement. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive The certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will Completion shall be binding signed by the Owner and the Contractor to evidence acceptance of the responsibilities assigned to them in such certificate. Substantial Completion (as defined in this agreement) for all stages of the Work shall be achieved on OWNER and CONTRACTOR until final payment. B. OWNER shall have or before the right to exclude CONTRACTOR following Substantial Completion date: DATE FOR SUBSTANTIAL COMPLETION: 25 days from the Site after Notice to Proceed Under no circumstances will the time for Substantial Completion exceed this date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access without a written amendment to complete or correct items on the tentative listthis Agreement. THE TIMES SET FORTH IN THE CONSTRUCTION DOCUMENTS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT. TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THIS AGREEMENT.

Substantial Completion. A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafterWith respect to each SGF, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER when Contractor considers the Work substantially completefor such SGF to be Substantially Complete in accordance with the Contract Documents, ENGINEER will prepare Contractor shall issue to Owner and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Authority Construction Monitor an Application for Substantial Completion. There , together with a Punch List prepared by Contractor for approval by Owner and Authority Construction Monitor, which Punch List shall be attached to identify the certificate a tentative list items of items remaining Work to be completed prior to Final Completion. Owner and Authority Construction Monitor shall, within ten (10) Business Days of receipt of the Application for Substantial Completion and Punch List, review the Work for the sole purpose of determining that it is Substantially Complete and in conformance with the SGF Specifications/Scope of Work, final Construction Documents and any Change Orders and review the Punch List to confirm its accuracy. If Owner and Authority Construction Monitor fail to respond to Contractor with its approval or corrected disapproval of the Application for Substantial Completion and Punch List within such ten (10) Business Day period, then Contractor shall be entitled to a Change Order pursuant to ARTICLE 8 extending the Guaranteed Substantial Completion Date on a day for day basis for each day after such period that Owner and Authority Construction Monitor have not responded with approval or disapproval. In connection with such review, Owner and Authority Construction Monitor may give Notice to Contractor of additional actions necessary before final paymentthe Work is Substantially Complete and/or any necessary modifications to the Punch List. OWNER shall have seven Within twenty (20) days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes Notice from Owner and Authority Construction Monitor that the Work is not substantially completeSubstantially Complete or that the Punch List needs modifications, ENGINEER or within a reasonable time if such non-compliance cannot be remedied within twenty (20) days, Contractor will within 14 days after submission of promptly complete any incomplete items, remedy defective items and/or make such modifications to the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. IfPunch List (as applicable), after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with which Contractor shall submit a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Application for Substantial Completion, ENGINEER’s aforesaid recommendation will together with the Punch List (revised as necessary). Owner and Authority Construction Monitor shall re-inspect all Work completed or remedied by Contractor and perform its evaluation and review of the Punch List within ten (10) Business Days of receipt by Owner and Authority Construction Monitor of such revised Application for Substantial Completion and Punch List. If Owner and Authority Construction Monitor fail to respond to Contractor with its approval or disapproval of the revised Application for Substantial Completion and Punch List within such ten (10) Business Day period, then Contractor shall be binding entitled to a Change Order pursuant to ARTICLE 8 extending the Guaranteed Substantial Completion Date on OWNER a day for day basis for each day after such period that Owner and CONTRACTOR until Authority Construction Monitor have not responded with approval or disapproval. Once Owner and Authority Construction Monitor determine that the Work is Substantially Complete and the Punch List is in final payment. B. OWNER form, Owner shall deliver a Substantial Completion Certificate to Contractor, which shall be deemed to have the right to exclude CONTRACTOR from the Site after been delivered by Owner on the date of that the applicable Application for Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative listCompletion and Punch List were issued by Contractor.

Substantial Completion. A. When CONTRACTOR Contractor considers the entire Work ready for its intended use CONTRACTOR Contractor shall notify OWNER and ENGINEER the Town in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR Contractor as incomplete) and request that ENGINEER Project Manager issue a certificate of Substantial Completion. Promptly Within a reasonable time thereafter, OWNERthe Town, CONTRACTOR, Contractor and ENGINEER Project Manager shall make an inspection of the Work to determine the status of completion. If ENGINEER Project Manager does not consider the Work substantially complete, ENGINEER Project Manager will notify CONTRACTOR Contractor in writing giving the reasons therefor. If ENGINEER Project Manager considers the Work substantially complete, ENGINEER Project Manager will prepare and deliver to OWNER the Town a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER The Town shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER Project Manager as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER Project Manager concludes that the Work is not substantially complete, ENGINEER Project Manager will within 14 fourteen days after submission of the tentative certificate to OWNER the Town notify CONTRACTOR Contractor in writing, stating the reasons therefor. If, after consideration of OWNER’s the Town's objections, ENGINEER Project Manager considers the Work substantially complete, ENGINEER Project Manager will within said 14 fourteen days execute and deliver to OWNER the Town and CONTRACTOR Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER Project Manager believes justified after consideration of any objections from OWNERthe Town. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER Completion, Project Manager will deliver to OWNER the Town and CONTRACTOR Contractor a written recommendation as to division of responsibilities pending final payment between OWNER the Town and CONTRACTOR Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, insurance and warranties and guarantees. Unless OWNER the Town and CONTRACTOR Contractor agree otherwise in writing and so inform ENGINEER Project Manager in writing prior to ENGINEER’s Project Manager's issuing the definitive certificate of Substantial Completion, ENGINEER’s . Project Manager's aforesaid recommendation will be binding on OWNER the Town and CONTRACTOR Contractor until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. When CONTRACTOR DESIGN/BUILDER considers the entire Work Construction ready for its intended use CONTRACTOR DESIGN/BUILDER shall notify OWNER and ENGINEER in writing that the entire Work Construction is substantially complete (except for items specifically listed by CONTRACTOR DESIGN/BUILDER as incomplete) and request that ENGINEER OWNER issue a certificate of Substantial Completion. Promptly Within a reasonable time thereafter, OWNER, CONTRACTOR, OWNER and ENGINEER DESIGN/BUILDER shall make an inspection of the Work Construction to determine the status of completion. If ENGINEER OWNER does not consider the Work Construction substantially complete, ENGINEER OWNER will notify CONTRACTOR DESIGN/BUILDER in writing giving the reasons therefor. If ENGINEER OWNER considers the Work Construction substantially complete, ENGINEER OWNER will prepare and deliver to OWNER DESIGN/BUILDER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of all items to be completed or corrected before final payment. , which may be amended by OWNER shall have seven for a period of sixty (60) days after receipt of the tentative certificate during which delivery thereof. DESIGN/BUILDER shall not be responsible for correcting or completing punch list items not disclosed in writing by OWNER to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering DESIGN/BUILDER within such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER60-day period. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER OWNER will deliver to OWNER and CONTRACTOR DESIGN/BUILDER (i) a written recommendation determination as to division of responsibilities pending final payment between OWNER and CONTRACTOR DESIGN/BUILDER with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, insurance and warranties and guarantees, and (ii) the payment required by section 4.01.B.2. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing of the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final paymentAgreement. B. OWNER shall will have the right to exclude CONTRACTOR DESIGN/BUILDER from the Site after the date of Substantial Completion, but OWNER shall will allow CONTRACTOR DESIGN/BUILDER reasonable access to complete or correct items on the tentative listlist of items to be completed.

Substantial Completion. A. When CONTRACTOR DESIGN/BUILDER considers the entire Work Construction ready for its intended use CONTRACTOR DESIGN/BUILDER shall notify OWNER and ENGINEER in writing that the entire Work Construction is substantially complete (except for items specifically listed by CONTRACTOR DESIGN/BUILDER as incomplete) and request that ENGINEER OWNER issue a certificate of Substantial Completion. Promptly Within a reasonable time thereafter, OWNER, CONTRACTOR, OWNER and ENGINEER DESIGN/BUILDER shall make an inspection of the Work Construction to determine the status of completion. If ENGINEER OWNER does not consider the Work Construction substantially complete, ENGINEER OWNER will notify CONTRACTOR DESIGN/BUILDER in writing giving the reasons therefor. If ENGINEER OWNER considers the Work Construction substantially complete, ENGINEER OWNER will prepare and deliver to OWNER DESIGN/BUILDER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative Such list of items to be completed or correctedcorrected may be amended by OWNER for a period of sixty (60) reflecting days following the date DESIGN/BUILDER requests that OWNER issue a certificate of Substantial Completion and DESIGN/BUILDER shall not be responsible for completing or correcting items not listed by OWNER within such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNERtime. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER OWNER will deliver to OWNER and CONTRACTOR DESIGN/BUILDER (i) a written recommendation determination as to division of responsibilities pending final payment between OWNER and CONTRACTOR DESIGN/BUILDER with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, insurance and warranties and guarantees, and (ii) the payment required by section 4.02.R.2. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing of the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final paymentAgreement. B. OWNER shall will have the right to exclude CONTRACTOR DESIGN/BUILDER from the Site after the date of Substantial Completion, but OWNER shall will allow CONTRACTOR DESIGN/BUILDER reasonable access to complete or correct items on the tentative listlist of items to be completed.

Substantial Completion. A. When CONTRACTOR Contractor considers the entire Work ready for its intended use CONTRACTOR Contractor shall notify OWNER Owner and ENGINEER Engineer in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly thereafterafter Contractor’s notification, OWNEROwner, CONTRACTORContractor, and ENGINEER Engineer shall make an inspection of the Work to determine the status of completion. If ENGINEER Engineer does not consider the Work substantially complete, ENGINEER Engineer will notify CONTRACTOR Contractor in writing giving the reasons therefor. DRAFT C. If ENGINEER Engineer considers the Work substantially complete, ENGINEER Engineer will prepare and deliver to OWNER Owner a tentative preliminary certificate of Substantial Completion which shall will fix the date of Substantial Completion. There Engineer shall be attached attach to the certificate a tentative punch list of items to be completed or corrected before final payment. OWNER Owner shall have seven 7 days after receipt of the tentative preliminary certificate during which to make written objection to ENGINEER Engineer as to any provisions of the certificate or attached punch list. If, after considering such objectionsthe objections to the provisions of the preliminary certificate, ENGINEER Engineer concludes that the Work is not substantially complete, ENGINEER will Engineer will, within 14 days after submission of the tentative preliminary certificate to OWNER Owner, notify CONTRACTOR Contractor in writingwriting that the Work is not substantially complete, stating the reasons therefor. IfIf Owner does not object to the provisions of the certificate, after or if despite consideration of OWNEROwner’s objections, ENGINEER considers objections Engineer concludes that the Work is substantially complete, ENGINEER will then Engineer will, within said 14 days days, execute and deliver to OWNER Owner and CONTRACTOR Contractor a definitive final certificate of Substantial Completion (with a revised tentative punch list of items to be completed or corrected) reflecting such changes from the tentative preliminary certificate as ENGINEER Engineer believes justified after consideration of any objections from OWNER. Owner. D. At the time of delivery receipt of the tentative preliminary certificate of Substantial Completion ENGINEER Completion, Owner and Contractor will deliver to OWNER and CONTRACTOR a written recommendation as to division confer regarding Owner’s use or occupancy of responsibilities pending final payment between OWNER and CONTRACTOR the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, safety, and protection of the Work, property insurance, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEERutilities upon Owner’s issuing use or occupancy of the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final paymentWork. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. When CONTRACTOR considers Landlord shall diligently prosecute the entire construction of the Base Building Work ready for its intended and use CONTRACTOR diligent efforts to achieve Substantial Completion of the Base Building Work by the dates identified in the Milestone Schedule, subject to Landlord’s Unavoidable Delays. Landlord shall notify OWNER and ENGINEER Tenant in writing when Landlord believes that Substantial Completion of the entire Base Building Work is substantially complete has occurred (except for items specifically listed by CONTRACTOR as incomplete) or will occur on a specified date). Representatives of Landlord and request that ENGINEER issue Tenant shall accompany the Base Building Architect and the Base Building Contractor on a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, walk-through and ENGINEER shall make an inspection of the Premises (the “Substantial Completion Inspection”) when the Base Building Architect and Base Building Contractor determine if Substantial Completion of the Base Building Work to determine the status of completionhas occurred. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR The Base Building Architect shall certify in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER and Landlord shall allow CONTRACTOR cause a copy of such certification to be delivered to Tenant. Within five (5) Business Days after the Substantial Completion Inspection, Landlord shall send to Tenant a written list of Landlord’s Punch List Items identified during the Substantial Completion Inspection. Tenant shall have five (5) Business Days after receipt to send a written notice to Landlord requesting that additional Punch List Items be added, which Landlord shall approve or disapprove in its reasonable access discretion. The final list of Punch List Items shall be attached to complete Attachment 3 to this Exhibit D and sent to Tenant, at which time, Tenant shall sign Attachment 3. Tenant’s failure to notify Landlord in writing of any reasonable grounds for not executing Attachment 3 within five (5) Business Days after receipt of Attachment 3 and the attached Punch List Items shall be deemed to be acceptance of the work whether or correct items on not Tenant executes Attachment 3. Substantial Completion and Tenant’s acceptance of the tentative listPremises shall not be conditioned upon completion of all Common Area Improvements or Punch List Items unless such Common Area Improvements or Punch List Items materially adversely affect the construction of the Tenant Improvement Work or Tenant’s ability to obtain permits, permit sign-offs, or a certificate of occupancy.

Substantial Completion. A. When CONTRACTOR considers ‌ (a) Project Co shall deliver a notice of the entire date anticipated to be the Substantial Completion Date to THP and the Consultant at least 90 days prior to the date anticipated by Project Co to be the Substantial Completion Date. Project Co acknowledges that THP needs a minimum of 90 days’ notice prior to the anticipated Substantial Completion Date to prepare for Commissioning. Project Co shall advise THP and the Consultant of any change in the anticipated date. Project Co shall, by the date which is 20 days prior to the anticipated Substantial Completion Date as set out in Project Co’s notice, prepare a list, in electronic format on software that identifies deficiencies by division, trade and location (“Project Co’s Preliminary Minor Deficiencies List”) of Minor Deficiencies, including an estimate of the cost of and the time for rectifying such Minor Deficiencies. (b) Project Co shall reconfirm the anticipated Substantial Completion Date in a notice given to THP and to the Consultant 20 days prior to the anticipated Substantial Completion Date which notice shall include a copy of Project Co’s Preliminary Minor Deficiencies List. Project Co shall plan for start-up and verification of all systems to be completed no later than 7 days prior to the anticipated Substantial Completion Date. Project Co shall reconfirm the anticipated Substantial Completion Date and when Project Co is satisfied that it has completed all of the requirements for Substantial Completion, Project Co shall apply to THP and the Consultant for certification of Substantial Completion in a notice to THP and the Consultant by the date which is 10 days prior to the anticipated Substantial Completion Date. The Consultant shall in the next following 10 days, proceed to review and inspect the Work ready for the purpose of: (i) confirming the achievement of Substantial Completion and providing its intended use CONTRACTOR shall notify OWNER report with respect thereto pursuant to Section 16.1(d); (ii) certifying substantial performance of the Work in accordance with the Construction Lien Act (Ontario) pursuant to Section 16.1(c); and ENGINEER in writing that (iii) taking into account Project Co’s Preliminary Minor Deficiencies List, preparing its own list of Minor Deficiencies (the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete“Minor Deficiencies List”) and request its estimate of the cost of and the time for rectifying the Minor Deficiencies set out in the Minor Deficiencies List. (c) When the Consultant is satisfied that ENGINEER issue substantial performance of the Work in accordance with the Construction Lien Act (Ontario) has been achieved, the Consultant shall provide Project Co and THP with a certificate of substantial performance in accordance with the Construction Lien Act (Ontario).‌ (d) When the Consultant is satisfied that Substantial Completion has been achieved, the Consultant shall provide to THP and to Project Co a report confirming the Minor Deficiencies List and the date on which the Consultant determines that Substantial Completion was achieved. Failure to include an item on the Minor Deficiencies List does not alter the responsibility of Project Co to complete the Work.‌ (e) The Consultant shall state the Substantial Completion Date as set out in its report delivered under Section 16.1(d) in a certificate.‌ (f) The Consultant shall prepare the Minor Deficiencies List before a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTORCompletion is issued, and ENGINEER if the certificate referred to in Section 16.1(c) has been issued, then the Consultant shall make an inspection of not withhold the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which by reason solely that there are such Minor Deficiencies. (g) Project Co shall fix publish in a construction trade newspaper in the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt area of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection location of the Work, maintenance, heat, utilities, insurancea copy of the certificate of substantial performance in accordance with the Construction Lien Act (Ontario) and Project Co shall provide suitable evidence of the publication to the Consultant and THP. (h) THP may withhold from the payment otherwise due on the Substantial Completion Payment Date a holdback amount that is [REDACTED]% of the amount estimated by the Consultant for THP to complete and rectify the Minor Deficiencies. The Consultant shall inspect the completion of the Minor Deficiencies and shall provide a monthly progress report to THP describing the Minor Deficiencies which have been completed to the satisfaction of the Consultant, and THP shall release from such holdback the amount of any holdback allocated to the Minor Deficiencies which have been completed. If, at‌ any time after the 120 day period for completion of the Minor Deficiencies referred to in Section 5.2 of Schedule 18 – Payments And Holdbacks, any of the Minor Deficiencies are not completed in 10 Business Days following Project Co’s receipt of a written notice from THP to correct the deficient work, or Project Co is not diligently working towards completion of the deficient work to the satisfaction of the Consultant, and unless THP otherwise agrees, or the reasons for any delay are acceptable to THP, or the delay is caused by THP or a THP Party, THP may engage others to perform the work necessary to complete and rectify the Minor Deficiencies at the risk and cost of Project Co and THP may deduct such cost from the holdback amount or any other amount remaining owing by THP to Project Co. If the cost of completion and rectification of any Minor Deficiencies exceeds the amount held back by THP, then Project Co shall reimburse THP for all such excess costs. (i) Project Co shall assign to THP and submit with the application for Substantial Completion, all guarantees, warranties (whether from manufacturers, or Project Co Parties), certificates, preliminary testing and guaranteesbalancing reports, distribution system diagrams, maintenance and operation instructions, maintenance manuals and materials and any other materials or documentation required to be submitted under this Project Agreement and otherwise required for the proper use and operation of the Work for the Project (collectively, the “Project Deliverables”). Unless OWNER If Project Co requests, Project Co and CONTRACTOR the Consultant shall, within 60 days following the request of Project Co, settle and agree otherwise upon a list specifying in writing reasonable detail the items to be assigned and so inform ENGINEER submitted under the foregoing sentence. If Project Co is unable to provide any of the Project Deliverables for any reason, Project Co may submit a list of the outstanding Project Deliverables and if a delay in the delivery of such outstanding Project Deliverables will not impair the safety, security or health of the occupants of the Project, such outstanding Project Deliverables shall be included as Minor Deficiencies. Failure to submit any of the Project Deliverables that are required for the safe occupation and use of the Work and as may be necessary for the security and health of the occupants of the Project, shall be grounds for the Consultant to reject Project Co’s application for Substantial Completion. For the purposes of Section 16.1(h), and any holdback to be taken as contemplated thereunder, the value of such outstanding Project Deliverables shall, without regard to the degree or quantum of such outstanding Project Deliverables, be set at $[REDACTED]. The assignment by Project Co of all guarantees and warranties shall expressly reserve the right of Project Co to make any claims under such guarantees and warranties for the repair or replacement of any Work and such assignment shall in no way prejudice any rights of or benefits accruing to Project Co pursuant to such guarantees and warranties. For greater certainty, nothing herein is intended to constitute a release or waiver of the obligation of Project Co to submit and assign (as applicable) to THP all of the Project Deliverables. (j) The submission of an application for payment upon Substantial Completion shall constitute a waiver by Project Co of all claims whatsoever against THP under this Project Agreement, whether for a change in the Guaranteed Price, extension of the Contract Time or otherwise, except (i) those made in writing prior to ENGINEERProject Co’s issuing the definitive certificate application for payment upon Substantial Completion and still unsettled; (ii) any third party claim which Project Co was not aware of Substantial Completionat such time and with respect to which Project Co is entitled to indemnification from THP in accordance with this Project Agreement; and (iii) subject to any subsequent waiver under Section 34.1, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site claims arising out of any act or omission of THP or any THP Party after the date of Substantial Completionthe waiver, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on and third-party claims arising after the tentative listdate of the waiver. For greater certainty, for the purposes of clauses (i) and (ii) above, a third party claim does not include any claim by a Project Co Party.

Substantial Completion. A. The Contractor will commence the Work within   days after the Date of Commencement and will successfully achieve Substantial Completion of the Project within   days from the Date of Commencement, subject only to adjustments of the Contract Time as provided in the Contract Documents. 1.3.1 When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing Contractor believes that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue Project or a particular Conservation Measure has achieved Interim or Substantial Completion, the Contractor will submit a certificate of Interim or Substantial CompletionCompletion and a Punch List to the Owner on a form agreed to by the Parties. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection If the Owner concurs that the described portion of the Work as performed has achieved Interim or Substantial Completion, the Owner will accept that Work by signing the certificate of Interim or Substantial Completion and the Punch List and returning both to determine the status of completionContractor. If ENGINEER the Owner does not consider concur that the Work substantially completehas achieved Interim or Substantial Completion and/or that the Punch List is not complete or correct, ENGINEER will then the Owner shall notify CONTRACTOR in writing giving the reasons thereforContractor within ten (10) business days of any discrepancies. To the extent the Contractor does not dispute the discrepancies raised by the Owner, the Contractor shall (i) promptly and diligently correct the Work to conform to the description of the Work set forth herein, and resubmit the certificate of Interim or Substantial Completion to the Owner, and (ii) promptly complete all items on the Punch List. If ENGINEER considers the Work substantially completeContractor disagrees with the discrepancies raised by the Owner, ENGINEER will prepare the Contractor shall notify the Owner of a dispute and such dispute shall be resolved in accordance with the provisions of Article 7 herein. If the Owner does not deliver written notice to OWNER a tentative the Contractor within ten (10) business days of receiving the certificate of Interim or Substantial Completion which shall fix and the date of Substantial Completion. There shall Punch List, the Owner will be attached deemed to have agreed to the certificate a tentative list of items to be completed Interim or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on not the tentative listPunch List.

Substantial Completion. A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR 4.6.1 Contractor shall notify OWNER and ENGINEER in writing that UTA when it believes the entire Work is substantially complete Substantially Complete. As used in the Contract Documents, “Substantially Complete” or “Substantial Completion” refers to the Contractor’s satisfactory completion of all Work in accordance with the Contract Documents (except excluding Punchlist items) to point such that UTA may safely start-up, occupy or otherwise fully use the Project for its intended purposes in compliance with applicable Legal Requirements. The terms “Substantially Complete” or “Substantial Completion” also require the completion of any items of Work specifically listed by CONTRACTOR set forth as incompleteconditions precedent to Substantial Completion in the Agreement. Within five (5) Days of UTA’s receipt of Contractor’s notice, UTA and request Contractor will jointly inspect such Work to verify that ENGINEER it is Substantially Complete in accordance with the requirements of the Contract Documents. If such Work is Substantially Complete, UTA shall prepare and issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate Certificate of Substantial Completion which shall fix that will set forth: (i) the date of Substantial Completion. There shall be attached to Completion of the certificate a tentative list of Work or portion thereof; (ii) the remaining Punchlist items that have to be completed or corrected before Final Completion and final payment. OWNER shall have seven days after receipt of ; and (iii) provisions (to the tentative certificate during which to make written objection to ENGINEER as to any provisions of extent not already provided in the certificate or attached list. If, after considering such objections, ENGINEER concludes that Contract Documents) establishing UTA’s and Contractor’s responsibility for the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNERProject’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, utilities and warranties insurance pending Final Completion and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s final payment. 4.6.2 Promptly after issuing the definitive certificate Certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER UTA shall have release to Contractor all retained amounts, less an amount equal to two times the right to exclude CONTRACTOR from reasonable value of all remaining Punchlist items noted in the Site after the date Certificate of Substantial Completion. 4.6.3 Upon Contractor’s request or upon UTA’s own initiative, but OWNER UTA may, in its sole discretion, deem a discrete segment of the Project to be Substantially Complete. The provisions of Sections 4.6.1 and 4.6.2 will apply to that discrete segment of the Project. In addition, before UTA may take possession of a discrete segment of the Project, UTA and Contractor shall allow CONTRACTOR reasonable access to complete or correct items on obtain the tentative listconsent of their sureties, insurers, and any government authorities having jurisdiction over the Project.

Substantial Completion. A. When ▇. ▇▇▇▇▇ to final payment, CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER may, in writing to CITY and Engineer, certify that the entire Work Project or part thereof is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) Substantially Complete and request that ENGINEER Engineer issue a certificate notice of Substantial Completion. Promptly Within a reasonable time thereafter, OWNERCITY, CONTRACTOR, CONTRACTOR and ENGINEER Engineer shall make an inspection of the Work Project to determine the status of completion. If ENGINEER Engineer does not consider the Work Project (or part thereof) substantially complete, ENGINEER it will notify CONTRACTOR in writing giving the its reasons therefortherefore. If ENGINEER Engineer considers the Work Project (or part thereof) substantially complete, ENGINEER it will prepare and deliver to OWNER CITY a tentative certificate notice of Substantial Completion which shall fix the date of Substantial CompletionCompletion and the responsibilities between CITY and CONTRACTOR for maintenance, heat and utilities. There shall be attached to the certificate notice a tentative list of items to be completed or corrected before final payment, and the notice shall fix the time within which such items shall be completed or corrected, said time to be within the Contract Time. OWNER CITY shall have seven ten (10) days after receipt of the tentative certificate during which notice to make written objection to ENGINEER as to any provisions of review, approve or disapprove the certificate or attached listtentative notice. If, after considering such CITY'S objections, ENGINEER Engineer concludes that the Work Project is not substantially completeSubstantially Complete, ENGINEER it will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, writing stating the its reasons therefortherefore. If, after consideration CITY's review and approval of OWNER’s objectionsthe tentative notice, ENGINEER the Engineer considers the Work substantially completePROJECT Substantially Complete it will, ENGINEER will within said 14 days fifteen (15) days, execute and deliver to OWNER CITY and CONTRACTOR a definitive certificate notice of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate notice as ENGINEER it believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final paymentjustified. B. OWNER CITY shall have the right to exclude CONTRACTOR from the Site Project (or a specified part thereof) after the date of Substantial Completion, but OWNER CITY shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. When CONTRACTOR Contractor considers the entire Work ready for its intended use CONTRACTOR Contractor shall notify OWNER Owner and ENGINEER Engineer in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly thereafterafter Contractor’s notification, OWNEROwner, CONTRACTORContractor, and ENGINEER Engineer shall make an inspection of the Work to determine the status of completion. If ENGINEER Engineer does not consider the Work substantially complete, ENGINEER Engineer will notify CONTRACTOR Contractor in writing giving the reasons therefor. . C. If ENGINEER Engineer considers the Work substantially complete, ENGINEER Engineer will prepare and deliver to OWNER Owner a tentative preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. There Engineer shall be attached attach to the certificate a tentative punch list of items to be completed or corrected before final payment. OWNER Owner shall have seven days after receipt of the tentative preliminary certificate during which to make written objection to ENGINEER Engineer as to any provisions of the certificate or attached punch list. If, after considering such objectionsthe objections to the provisions of the preliminary certificate, ENGINEER Engineer concludes that the Work is not substantially complete, ENGINEER will Engineer will, within 14 days after submission of the tentative preliminary certificate to OWNER Owner, notify CONTRACTOR Contractor in writingwriting that the Work is not substantially complete, stating the reasons therefor. IfIf Owner does not object to the provisions of the certificate, after or if despite consideration of OWNEROwner’s objections, ENGINEER considers objections Engineer concludes that the Work is substantially complete, ENGINEER will then Engineer will, within said 14 days days, execute and deliver to OWNER Owner and CONTRACTOR Contractor a definitive final certificate of Substantial Completion (with a revised tentative punch list of items to be completed or corrected) reflecting such changes from the tentative preliminary certificate as ENGINEER Engineer believes justified after consideration of any objections from OWNER. Owner. D. At the time of delivery receipt of the tentative preliminary certificate of Substantial Completion ENGINEER Completion, Owner and Contractor will deliver to OWNER and CONTRACTOR a written recommendation as to division confer regarding Owner’s use or occupancy of responsibilities pending final payment between OWNER and CONTRACTOR the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, safety, and protection of the Work, property insurance, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEERutilities upon Owner’s issuing use or occupancy of the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final paymentWork. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. When CONTRACTOR Contractor considers the entire Work ready for its intended use CONTRACTOR use, Contractor shall notify OWNER Owner and ENGINEER Architect/Engineer in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR Contractor as incomplete) and request that ENGINEER Architect/Engineer issue a certificate of Substantial Completion. Promptly Within a reasonable time thereafter, OWNEROwner, CONTRACTOR, Architect/Engineer and ENGINEER Owner's Representative shall make an inspection of the Work to determine the status of completion. If ENGINEER Architect/Engineer does not consider the Work substantially complete, ENGINEER Architect/Engineer will notify CONTRACTOR Contractor in writing giving the reasons therefortherefore. If ENGINEER Architect/Engineer considers the Work substantially complete, ENGINEER Architect/Engineer will prepare and deliver to OWNER Owner a tentative certificate of Substantial Completion Completion, which shall fix the date of Substantial Completion. There shall be attached to the certificate certificate, a tentative list of items to be completed or corrected before final payment. OWNER Owner shall have seven ten (10) days after receipt of the tentative certificate during which to make written objection to ENGINEER Architect/Engineer through Owner's Representative as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER Architect/Engineer concludes that the Work is not substantially complete, ENGINEER Architect/Engineer will within 14 twenty (20) days after submission of the tentative certificate to OWNER Owner, notify CONTRACTOR Contractor in writing, stating the reasons therefor. therefore If, after consideration of OWNER’s Owner's objections, ENGINEER Architect/Engineer considers the Work substantially complete, ENGINEER Architect/Engineer will within said 14 twenty (20) days execute and deliver to OWNER Owner and CONTRACTOR Contractor, a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER Architect/Engineer believes justified after consideration of any objections from OWNEROwner. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER Completion, Architect/Engineer will deliver to OWNER Owner and CONTRACTOR Contractor a written recommendation as to division of responsibilities pending final payment between OWNER Owner and CONTRACTOR Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, insurance and warranties and guaranteeswarranties. Unless OWNER Owner and CONTRACTOR Contractor agree otherwise in writing writing, and so inform ENGINEER in writing Architect/Engineer prior to ARCHITECT/ENGINEER’s 's issuing the definitive certificate of Substantial Completion, ENGINEER’s Architect/Engineer's aforesaid recommendation will be binding on OWNER Owner and CONTRACTOR Contractor until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. When CONTRACTOR Contractor considers the entire Work ready for its intended use CONTRACTOR Contractor shall notify OWNER Owner and ENGINEER Engineer in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly thereafterafter Contractor’s notification, OWNEROwner, CONTRACTORContractor, and ENGINEER Engineer shall make an inspection of the Work to determine the status of completion. If ENGINEER Engineer does not consider the Work substantially complete, ENGINEER Engineer will notify CONTRACTOR Contractor in writing giving the reasons therefor. . C. If ENGINEER Engineer considers the Work substantially complete, ENGINEER Engineer will prepare and deliver to OWNER Owner a tentative preliminary certificate of Substantial Completion which shall will fix the date of Substantial Completion. There Engineer shall be attached attach to the certificate a tentative punch list of items to be completed or corrected before final payment. OWNER Owner shall have seven 7 days after receipt of the tentative preliminary certificate during which to make written objection to ENGINEER Engineer as to any provisions of the certificate or attached punch list. If, after considering such objectionsthe objections to the provisions of the preliminary certificate, ENGINEER Engineer concludes that the Work is not substantially complete, ENGINEER will Engineer will, within 14 days after submission of the tentative preliminary certificate to OWNER Owner, notify CONTRACTOR Contractor in writingwriting that the Work is not substantially complete, stating the reasons therefor. IfIf Owner does not object to the provisions of the certificate, after or if despite consideration of OWNEROwner’s objections, ENGINEER considers objections Engineer concludes that the Work is substantially complete, ENGINEER will then Engineer will, within said 14 days days, execute and deliver to OWNER Owner and CONTRACTOR Contractor a definitive final certificate of Substantial Completion (with a revised tentative punch list of items to be completed or corrected) reflecting such changes from the tentative preliminary certificate as ENGINEER Engineer believes justified after consideration of any objections from OWNER. Owner. D. At the time of delivery receipt of the tentative preliminary certificate of Substantial Completion ENGINEER Completion, Owner and Contractor will deliver to OWNER and CONTRACTOR a written recommendation as to division confer regarding Owner’s use or occupancy of responsibilities pending final payment between OWNER and CONTRACTOR the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, safety, and protection of the Work, property insurance, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEERutilities upon Owner’s issuing use or occupancy of the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final paymentWork. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. When CONTRACTOR considers For purposes of the entire Amendment, the "Substantial Completion Date" shall mean the date that Landlord, its architect or construction manager determines that the Landlord Work ready has been completed, except for its intended (a) finishing details, decorative items, minor omissions, mechanical adjustments, and similar items of the type customarily found on an architectural punch-list, the correction or completion of which will not substantially interfere with Tenant's occupancy and use CONTRACTOR of the Remaining Premises, and (b) any trade fixtures, workstations, telecommunications or built-in furniture or equipment to be installed by Tenant. Landlord shall notify OWNER Tenant of the Substantial Completion Date and, promptly thereafter, Landlord and ENGINEER Tenant shall set a mutually convenient time for Tenant, Landlord and the General Contractor to inspect the Remaining Premises and the Landlord Work. Upon completion of the inspection, ▇▇▇▇▇▇ shall acknowledge in writing that the entire Substantial Completion Date has occurred by executing a commencement date confirmation letter. In the event Tenant fails to inspect the Landlord Work within two (2) business days after Landlord's notice to Tenant of the Substantial Completion Date, or in the event Tenant fails to return a commencement date confirmation letter to Landlord within five (5) business days after Tenant's inspection, the Substantial Completion Date shall be deemed to have occurred on the date determined by Landlord and Tenant shall be bound by Landlord's statements regarding the matters contained in Landlord's commencement date memorandum. Further, ▇▇▇▇▇▇'s acceptance of possession of the Remaining Premises shall conclusively evidence its agreement that the Remaining Premises is substantially complete (in the condition required hereunder, except for punch-list items specifically listed by CONTRACTOR as incompletespecified above. Landlord shall use commercially reasonable efforts to complete the punch-list items within thirty (30) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of days after the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER Date; however, Landlord shall have seven days after receipt no liability to Tenant for losses, costs or damages resulting from or attributable to delays in the completion by Landlord of the tentative certificate during which punch-list items. Tenant shall cooperate with Landlord to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration facilitate completion of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation punch-list items as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final paymentquickly as possible. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER OWNER, Owner’s Representative and ENGINEER ARCHITECT in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER Owner’s Representative or ARCHITECT issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, Owner’s Representative and ENGINEER ARCHITECT shall make an inspection of the Work to determine the status of completion. If ENGINEER ARCHITECT does not consider the Work substantially complete, ENGINEER ARCHITECT will notify OWNER, Owner’s Representative and CONTRACTOR in writing giving the reasons therefor. If ENGINEER ARCHITECT considers the Work substantially complete, ENGINEER ARCHITECT will prepare and deliver to OWNER a tentative certificate of Substantial Completion Completion, which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER ARCHITECT as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER ARCHITECT concludes that the Work is not substantially complete, ENGINEER ARCHITECT will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER ARCHITECT considers the Work substantially complete, ENGINEER ARCHITECT will within said these 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER ARCHITECT believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER ARCHITECT will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER ARCHITECT in writing prior to ENGINEERARCHITECT’s issuing the definitive certificate of Substantial Completion, ENGINEERARCHITECT’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. When CONTRACTOR considers § 15.6.1 Substantial Completion is the entire stage in the progress of the Work ready when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner Manager can occupy or utilize the Work for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing use. § 15.6.2 When the Contractor considers that the entire Work Work, or a portion thereof which the Owner Manager agrees to accept separately, is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will Contractor shall prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached submit to the certificate Architect a tentative comprehensive list of items to be completed or corrected before prior to final payment. OWNER shall have seven payment, and in no event, later than thirty (30) days after from the issuance of the Certificate of Substantial Completion, and a reasonable estimate of the cost to complete such items ("Punch List"). Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 15.6.3 Upon receipt of the tentative certificate during which Contractor’s list, the Architect Architect, and the Manager (if Manager desires) will make an inspection to make written objection to ENGINEER as to any provisions of determine whether the certificate Work or attached listdesignated portion thereof is substantially complete. If, after considering such objections, ENGINEER concludes When the Architect determines and the Manager determine that the Work or designated portion thereof is not substantially complete, ENGINEER the Architect will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR issue a definitive certificate Certificate of Substantial Completion (with a revised tentative list which shall establish the date of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery Substantial Completion; establish responsibilities of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER Owner Manager and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to Contractor for security, operation, safety, and protection of the Work, maintenance, heat, utilities, damage to the Work and insurance, ; and warranties and guaranteesfix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation establish that all punch-list items will be binding completed within thirty (30) days.. Warranties required by the Contract Documents shall commence on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 15.6.4 The Certificate of Substantial Completion shall be submitted to the Owner and Manager and the Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance and consent of surety, but OWNER if any, the Owner and the Manager shall allow CONTRACTOR reasonable access make payment of retainage applying to complete the Work or correct items designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.thereof, provided the Manager reserves the right to withhold a value of up to one hundred fifty percent (150%) of the estimated cost of completing the Work on the tentative listPunch List, as such cost is reasonably estimated by the Contractor.

Substantial Completion. A. When CONTRACTOR considers 6.3.1 On the entire Work date that the Supplier believes that it has achieved Substantial Completion and the Plant is ready for its intended use CONTRACTOR Commissioning, the Supplier shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER the Buyer a tentative certificate of Substantial Completion which shall fix the date Certificate. Within five (5) days of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions Substantial Completion Certificate, the Buyer shall deliver its acceptance of the certificate Substantial Completion Certificate or attached lista notice to the Supplier rejecting the Substantial Completion Certificate. If, after considering such objections, ENGINEER concludes that the Work is The Buyer shall not substantially complete, ENGINEER will within 14 days after submission unreasonably withhold acceptance of the tentative certificate to OWNER notify CONTRACTOR in writing, stating Substantial Completion Certificate and shall specifically identify its reasons for rejection of the Substantial Completion Certificate. If the Supplier accepts the reasons therefor. Iffor such rejection, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute it shall take corrective action and deliver to OWNER and CONTRACTOR submit a definitive certificate of new Substantial Completion (Certificate to the Buyer for action in accordance with a revised tentative list of items the procedures set forth in this clause. If the Supplier disagrees with the reasons for the rejection or if the Owner fails to be completed or corrected) reflecting such changes from act upon the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At Substantial Completion Certificate within the time of delivery of period provided for herein (or such longer period as the tentative certificate of Parties may mutually agree upon), the Supplier may refer the dispute to Fast Track Arbitration in accordance with clause 21.3. The Plant shall be considered ready for Commissioning as soon as the Owner has accepted and counter signed the Substantial Completion ENGINEER Certificate. The Substantial Completion certificate indicates that: 1) the Plant is in conformity with the Technical Specifications and Scope of Supply (subject to minor defects which will deliver be the subject of a punch list); 2) the Plant is constructed according to OWNER the Supplier’s instructions and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER guidelines; and CONTRACTOR with respect to security, operation, safety, and protection of 3) the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Plant can be started safely. 6.3.2 By declaring Substantial Completion, ENGINEER’s aforesaid recommendation will the Supplier declares that the Plant is ready for Commissioning. Commissioning shall be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from carried out at the Site after by the date Buyer with the technical assistance of Substantial Completionthe Performance Tests Advisor, but OWNER shall allow CONTRACTOR reasonable access such services to complete or correct items on be the tentative listsubject of a separate contract.

Substantial Completion. A. When CONTRACTOR considers The Improvements shall be deemed to be substantially completed on the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing date (the “Substantial Completion Date”) that Landlord delivers to Tenant (i) a copy of an architect's certificate (the “Architect's Certificate”) of substantial completion indicating that the entire Work is substantially complete Improvements have been completed in accordance with the Plans and Specifications, subject only to specifically identified “punchlist” items which do not materially affect Purchaser’s ability to take possession of the Improvements in order to commence Purchaser’s construction activities thereto (except for items specifically listed by CONTRACTOR as incompletethe “Punchlist Items”), and (ii) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereaftercompliance from the local governmental authorities having jurisdiction confirming that the Building complies with the applicable development ordinance and building code (provided; however, OWNER, CONTRACTORthat a certificate of compliance may be conditioned only upon the completion of incomplete work so long as the incomplete work or conditions noted thereon do not prevent Buyer from taking possession of the Improvements in order to commence Purchaser’s construction activities thereto, and ENGINEER shall make an inspection such incomplete work is included in the scope of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER Punchlist Items which Seller will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached remain responsible for completing after Closing pursuant to the certificate a tentative list Punchlist Letter and Punchlist and Construction Escrow Agreement)(the “Certificate of items to be completed or corrected before final paymentCompliance”). OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER Purchaser shall have the right to exclude CONTRACTOR from be present during the Site after determination of the date Punchlist Items, and the Punchlist Items shall be limited to minor items that do not affect the use, occupancy, or permitting of all or any portion of the Improvements. Prior to the expiration of the Contingency Period, the parties shall reasonably agree upon the Punchlist Items and the amount of Funds (as defined in the Punchlist and Construction Escrow Agreement) to be escrowed pursuant to the Punchlist and Construction Escrow Agreement. As used herein, the terms “Substantial Completion” and “Substantially Complete” mean the completion of the Improvements in accordance with the previous sentence. The parties acknowledge and agree that: a Certificate of Compliance does not authorize occupancy of the Building and Improvements for their intended end-use, but OWNER shall allow CONTRACTOR reasonable access including without limitation the receipt, storage, shipping or stocking of inventory, or other commencement of business operations; that a certificate of occupancy or its equivalent (temporary or permanent) will be necessary for such occupancy; and that a certificate of occupancy will be conditioned upon Purchaser’s completion of the improvements Purchaser plans to complete or correct items on the tentative listmake.

Substantial Completion. A. When CONTRACTOR Contractor considers the entire Work ready for its intended use CONTRACTOR Contractor shall notify OWNER Owner and ENGINEER Engineer in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR Contractor as incomplete) and request that ENGINEER Engineer issue a certificate of Substantial Completion. . B. Promptly thereafterafter Contractor’s notification, OWNEROwner, CONTRACTORContractor, and ENGINEER Engineer shall make an inspection of the Work to determine the status of completion. If ENGINEER Engineer does not consider the Work substantially complete, ENGINEER Engineer will notify CONTRACTOR Contractor in writing giving the reasons therefor. . C. If ENGINEER Engineer considers the Work substantially complete, ENGINEER Engineer will prepare and deliver to OWNER Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER Owner shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER Engineer as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER Engineer concludes that the Work is not substantially complete, ENGINEER will Engineer will, within 14 days after submission of the tentative certificate to OWNER Owner, notify CONTRACTOR Contractor in writing, stating the reasons therefor. If, after consideration of OWNEROwner’s objections, ENGINEER Engineer considers the Work substantially complete, ENGINEER will Engineer will, within said 14 days days, execute and deliver to OWNER Owner and CONTRACTOR Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER Engineer believes justified after consideration of any objections from OWNER. Owner. D. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER Completion, Engineer will deliver to OWNER Owner and CONTRACTOR Contractor a written recommendation as to division of responsibilities pending final payment between OWNER Owner and CONTRACTOR Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER Owner and CONTRACTOR Contractor agree otherwise in writing and so inform ENGINEER Engineer in writing prior to ENGINEEREngineer’s issuing the definitive certificate of Substantial Completion, ENGINEEREngineer’s aforesaid recommendation will be binding on OWNER Owner and CONTRACTOR Contractor until final payment. B. OWNER E. Owner shall have the right to exclude CONTRACTOR Contractor from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list.

Substantial Completion. A. “Substantial Completion” means the stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the Owner’s opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and usable for intended purposes, as evidenced by a Certificate of Substantial Completion approved by the Owner. If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When CONTRACTOR the Contractor considers that the entire Work ready for its intended use CONTRACTOR Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify OWNER and ENGINEER in writing that Owner’s Designated Representative (sometimes referred to as the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete“ODR”) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of determination as to whether the Work to determine the status of completionor designated portion thereof is substantially complete. If ENGINEER the ODR does not consider the Work substantially complete, ENGINEER the ODR will notify CONTRACTOR the Contractor giving reasons therefore. Failure on the Owner’s part to list a reason does not alter the responsibility of the Contractor to complete all Work in writing giving accordance with the reasons thereforterms of this Agreement. After satisfactorily completing items identified by Owner’s Designated Representative, the Contractor shall then submit another request for the ODR to determine Substantial Completion. If ENGINEER The ODR considers the Work substantially complete, ENGINEER The ODR will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix establish the date of Substantial Completion. There , shall be attached to the certificate include a tentative punch list of items to be completed or corrected before final completion and final payment. OWNER , shall have seven days after receipt establish the time within which the Contractor shall finish the punch list, and shall establish responsibilities of the tentative certificate during which to make written objection to ENGINEER as to any provisions of Owner and the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to Contractor for security, operation, safety, and protection of the Work, maintenance, heat, utilities, damage to the Work, warranty and insurance, . Failure to include an item on the punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the terms and warranties and guaranteesconditions of this Agreement. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive The certificate of Substantial Completion, ENGINEER’s aforesaid recommendation Completion shall be signed by the Owner and the Contractor to evidence acceptance of the responsibilities assigned to them in such certificate. Substantial Completion (as defined in this agreement) for all stages of the Work shall be achieved on or before the following Substantial Completion date: DATE FOR SUBSTANTIAL COMPLETION: _35 Days_ Under no circumstances will be binding on OWNER and CONTRACTOR until final paymentthe time for Substantial Completion exceed this date without a written amendment to this Agreement. THE TIMES SET FORTH IN THE CONSTRUCTION DOCUMENTS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT. TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THIS AGREEMENT. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incompletea) and request that ENGINEER issue a certificate of As used herein “Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR,” “Substantially Completed,” and any derivations thereof mean that (i) the Leasehold Improvements have been substantially completed in accordance with the Final CDs as determined by Architect, and ENGINEER shall make an inspection of (ii) Tenant can lawfully occupy the Work to determine the status of completionPremises for business purposes. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date have occurred even though minor details of Substantial Completion. There shall be attached to the certificate a tentative list of construction, decoration, landscaping and mechanical adjustments and other “punch-list” items remain to be completed or corrected before final paymentcompleted. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER Tenant shall have the right sole responsibility for obtaining any certificate of occupancy (or equivalent). When the Architect considers the Leasehold Improvements to exclude CONTRACTOR from be Substantially Completed, Tenant will notify Landlord and within five (5) business days thereafter, Landlord’s Representative and Tenant’s Representative shall conduct a walk-through of the Site after Premises and identify any necessary touch-up work, repairs and minor completion items that are necessary for final completion of the date of Substantial Completion, but OWNER Leasehold Improvements. Tenant shall allow CONTRACTOR use commercially reasonable access efforts to cause the General Contractor performing the Leasehold Improvements to complete all punch-list items within thirty (30) days after agreement thereon. The date upon which Substantial Completion is achieved will be the “Substantial Completion Date” as that term is used in the Lease. NOTWITHSTANDING THE ABOVE, SUBSTANTIAL COMPLETION OF THE LEASEHOLD IMPROVEMENTS IS NOT A CONDITION TO THE COMMENCEMENT DATE OR TENANT’S OBLIGATION TO PAY RENT (OR TO PERFORM ANY OTHER OBLIGATIONS) UNDER THE LEASE). (b) All of the Leasehold Improvements will be owned by Landlord and will remain in the Premises at the expiration or correct items on the tentative list.early termination of this Lease unless otherwise agreed in writing by

Substantial Completion. A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafterWith respect to each SGF, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER when Contractor considers the Work substantially completefor such SGF to be Substantially Complete in accordance with the Contract Documents, ENGINEER will prepare Contractor shall issue to Owner and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Authority Construction Monitor an Application for Substantial Completion. There , together with a Punch List prepared by Contractor for approval by Owner and Authority Construction Monitor, which Punch List shall be attached to identify the certificate a tentative list items of items remaining Work to be completed prior to Final Completion. Owner and Authority Construction Monitor shall, within five (5) Business Days of receipt of the Application for Substantial Completion and Punch List, review the Work for the sole purpose of determining that it is Substantially Complete and in conformance with the SGF Specifications/Scope of Work, final Construction Documents and any Change Orders and review the Punch List to confirm its accuracy. If Owner and Authority Construction Monitor fail to respond to Contractor with its approval or corrected disapproval of the Application for Substantial Completion and Punch List within such five (5) Business Day period, then Contractor shall be entitled to a Change Order pursuant to ARTICLE 8 extending the Guaranteed Substantial Completion Date on a day for day basis for each day after such period that Owner and Authority Construction Monitor have not responded with approval or disapproval. In connection with such review, Owner and Authority Construction Monitor may give Notice to Contractor of additional actions necessary before final paymentthe Work is Substantially Complete and/or any necessary modifications to the Punch List. OWNER shall have seven Within twenty (20) days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes Notice from Owner and Authority Construction Monitor that the Work is not substantially completeSubstantially Complete or that the Punch List needs modifications, ENGINEER or within a reasonable time if such non-compliance cannot be remedied within twenty (20) days, Contractor will within 14 days after submission of promptly complete any incomplete items, remedy defective items and/or make such modifications to the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. IfPunch List (as applicable), after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with which Contractor shall submit a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Application for Substantial Completion, ENGINEER’s aforesaid recommendation will together with the Punch List (revised as necessary). Owner and Authority Construction Monitor shall re-inspect all Work completed or remedied by Contractor and perform its evaluation and review of the Punch List within ten (10) Business Days of receipt by Owner and Authority Construction Monitor of such revised Application for Substantial Completion and Punch List. If Owner and Authority Construction Monitor fail to respond to Contractor with its approval or disapproval of the revised Application for Substantial Completion and Punch List within such ten (10) Business Day period, then Contractor shall be binding entitled to a Change Order pursuant to ARTICLE 8 extending the Guaranteed Substantial Completion Date on OWNER a day for day basis for each day after such period that Owner and CONTRACTOR until Authority Construction Monitor have not responded with approval or disapproval. Once Owner and Authority Construction Monitor determine that the Work is Substantially Complete and the Punch List is in final payment. B. OWNER form, Owner shall deliver a Substantial Completion Certificate to Contractor, which shall be deemed to have the right to exclude CONTRACTOR from the Site after been delivered by Owner on the date of that the applicable Application for Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative listCompletion and Punch List were issued by Contractor.

Substantial Completion. A. When CONTRACTOR considers Prior to final payment, the entire Work ready for its intended use CONTRACTOR ▇▇▇▇ shall notify OWNER and ENGINEER certify in writing to the Library’s Project Manager that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) Substantially Complete and request that ENGINEER the Library’s Project Manager issue a certificate of Substantial Completion. Promptly Within a reasonable time thereafter, OWNERthe Library’s Project Manager, CONTRACTOR, Design Team and ENGINEER shall ▇▇▇▇ will make an inspection of the Work to determine the status of completion. If ENGINEER the Library’s Project Manager does not consider the Work substantially completeSubstantially Complete, ENGINEER the ▇▇▇▇ will notify CONTRACTOR be notified in writing giving the reasons therefortherefore. If ENGINEER the Library’s Project Manager considers the Work substantially Substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which will be issued. This Certificate shall fix the date of Substantial CompletionCompletion and the responsibilities between the Library and the ▇▇▇▇ for maintenance, heat and utilities. There shall be attached to the certificate Certificate a tentative single punch list of items to be completed or corrected before by the ▇▇▇▇. The punch list must specify a date, not to exceed five (5) days after the punch list has been developed and reviewed, in which the delivery of the punch list to the ▇▇▇▇ must be made. Items not included on the punch list cannot be used as a basis to withhold final paymentpayment for retainage. OWNER In addition, the final contract completion date shall have seven be at least thirty (30) days after the delivery of the punch list to the ▇▇▇▇. Punch lists not provided to the ▇▇▇▇ by the date agreed upon for delivery will cause the contract time for completion to be extended by the number of days the local government exceeded the delivery date. Damages may only be assessed against the ▇▇▇▇ in the event the ▇▇▇▇ fails to complete the Project within the contract period as was extended by the guidelines set forth in this provision. The final undisputed retainage payment must be made within twenty (20) business days after receipt of a proper payment request. This would be less any amount withheld in accordance with the tentative certificate during which contract provisions for incomplete or uncorrected work unless otherwise provided for by written notice to make written objection to ENGINEER as to any provisions the ▇▇▇▇ specifying the failure of the certificate or attached ▇▇▇▇ to meet contract requirements in the development of the punch list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER The Library shall have the right to exclude CONTRACTOR the ▇▇▇▇ from the Site Project after the date achievement of Substantial Completion, but OWNER shall the Library will allow CONTRACTOR the ▇▇▇▇ reasonable access to complete or correct items on the tentative punch list.

Substantial Completion. A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR Landlord shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of cause the Work to determine be “substantially completed” on or before the status scheduled date of completioncommencement of the Term subject to Force Manure Delays and also subject to “Tenant Delays” (as defined and described in Paragraph 7 of this Work Letter). The Work shall be deemed to be “substantially completed” for all purposes under this Work Letter and the Lease if and when Landlord or Landlord’s contractor issues a written certificate to Tenant certifying that the Work has been substantially completed (i.e., completed except for “punch list” items listed in such certificate) in substantial compliance with the requirements of this Exhibit E. or when Tenant first takes occupancy of the Premises, whichever first occurs. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not deemed to be substantially complete, ENGINEER will within 14 days after submission completed on or before the scheduled date of the tentative commencement of the Term, (a) Landlord agrees to use reasonable efforts to complete the Work as soon as practicable thereafter, (b) the Lease shall remain in full force and effect, (c) Landlord shall not be deemed to be in breach or default of the Lease or this Exhibit E as a result thereof and Landlord shall have no liability to Tenant as a result of any delay in occupancy (whether for damages, abatement of Rent or otherwise), and (d) except in the event of Tenant Delays and notwithstanding anything contained in the Lease to the contrary, the Commencement Date of the Term shall be extended to the date on which the Work is deemed to be substantially completed and the Expiration Date of the Term shall be extended by the number of days by which the Commencement Date was extended together with the number of days required to make the Term expire on the next occurring last day of the month. At the request of either Landlord or Tenant in the event of Suez extensions in the commencement and expiration dates of the Term, Tenant and Landlord shall execute and deliver an amendment to the Lease reflecting such extensions. Landlord agrees to use reasonable diligence to complete all punch list work listed in the aforesaid certificate promptly after substantial completion. Notwithstanding any term or provision of the Lease to OWNER notify CONTRACTOR the Guaranty, in writingthe event the Work is substantially completed prior to the Commencement Date set forth on the Data Sheet of this Lease, stating the reasons therefor. If, after consideration Commencement Date of OWNER’s objections, ENGINEER considers this Lease shall be the date Landlord tenders possession of the Premises to Tenant with the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final paymentcompleted. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. When CONTRACTOR considers (a) Project Co shall deliver a notice of the entire Work ready date anticipated to be the Substantial Completion Date to CMH and the Consultant at least 90 days prior to the date anticipated by Project Co to be the Substantial Completion Date. Project Co acknowledges that CMH needs a minimum of 90 days’ notice prior to the anticipated Substantial Completion Date to prepare for its intended use CONTRACTOR Commissioning. Project Co shall notify OWNER advise CMH and ENGINEER the Consultant of any change in writing the anticipated date. Project Co shall, by the date which is 20 days prior to the anticipated Substantial Completion Date as set out in Project Co’s notice, prepare a list, in electronic format on software that identifies deficiencies by division, trade and location (“Project Co’s Preliminary Minor Deficiencies List”) of Minor Deficiencies, including an estimate of the entire Work cost of and the time for rectifying such Minor Deficiencies. (b) Project Co shall reconfirm the anticipated Substantial Completion Date in a notice given to CMH and to the Consultant 20 days prior to the anticipated Substantial Completion Date which notice shall include a copy of Project Co’s Preliminary Minor Deficiencies List. Project Co shall plan for start-up and verification of all systems to be completed no later than 7 days prior to the anticipated Substantial Completion Date. Project Co shall reconfirm the anticipated Substantial Completion Date and when Project Co is substantially complete (except satisfied that it has completed all of the requirements for items specifically listed by CONTRACTOR as incomplete) Substantial Completion, Project Co shall apply to CMH and request that ENGINEER issue a certificate the Consultant for certification of Substantial CompletionCompletion in a notice to CMH and the Consultant by the date which is 10 days prior to the anticipated Substantial Completion Date. Promptly thereafterThe Consultant shall in the next following 10 days, OWNER, CONTRACTOR, proceed to review and ENGINEER shall make an inspection inspect the Work for the purpose of: (i) confirming the achievement of Substantial Completion and providing its report with respect thereto pursuant to Section 16.2(d); (ii) certifying substantial performance of the Work in accordance with the Construction Lien Act (Ontario) pursuant to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.Section 16.2(c); and

Substantial Completion. A. When the CONTRACTOR considers that the entire Work ready for its intended use or a portion thereof, which the CITY agrees to accept separately, is Substantially Complete, the CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached submit to the certificate Project Engineer a tentative comprehensive list of items to be completed or corrected before final paymentand corrected. OWNER The CONTRACTOR shall have seven days after proceed promptly to complete and correct items on the list. Failure to include an item on the list does not relieve the CONTRACTOR of the responsibility to complete all Work in accordance with the Contract Documents. Upon receipt of the tentative certificate during which to CONTRACTOR’s list, the Project Engineer will make written objection to ENGINEER as to any provisions an inspection, and with the approval of the certificate or attached list. IfCITY, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of determine whether the Work, maintenanceor designated portion thereof, heatis Substantially Complete. If the Project Engineer’s inspection discloses any item, utilitieswhether or not included on the CONTRACTOR’s list, insurancewhich is not in accordance with the requirements of the Contract Documents, and warranties and guarantees. Unless OWNER and the CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing shall, before issuance of the definitive certificate Certificate of Substantial Completion, ENGINEER’s aforesaid recommendation complete or correct such item upon notification by the Project Engineer. The CONTRACTOR may request additional inspections by the Project Engineer as may be reasonable to determine when Substantial Completion has been achieved. When the Work or designated portion thereof, is Substantially Complete, the Project Engineer will be binding on OWNER prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion and shall establish responsibilities of the CITY and CONTRACTOR until final payment. B. OWNER for: • Security; • Maintenance; • Water, sewer, electric and other utilities; • Damages to the Work; and • Insurance Responsibilities The Certificate shall have also establish the right time within which the CONTRACTOR shall finish all items on the list of incomplete Work or corrections otherwise necessary to exclude CONTRACTOR from meet the Site after requirements of the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion, but OWNER or designated portion thereof, unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall allow be submitted to the CITY and CONTRACTOR reasonable access for their written acceptance of responsibilities assigned to complete each. Upon Substantial Completion of the Work, or correct items on designated portion thereof, and upon application by the tentative listCONTRACTOR, certification by the Project Engineer, and approval by the CITY, the CITY shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract Documents.

Substantial Completion. A. When CONTRACTOR Contractor considers a Deliverable Portion of Work Substantially Complete, Contractor shall prepare for Owner Parties’ review and approval a comprehensive list of incomplete and unsatisfactory items. Owner Parties will edit and supplement this list, as appropriate, and when approved the entire list shall be the Punch List for such Deliverable Portion of Work. Contractor and Owner Parties shall also, at the same time they develop the first Punch List, establish a schedule (the “Punch List Schedule”) setting forth anticipated dates for Owner Parties’ inspections of all anticipated Deliverable Portions of Work ready to determine Substantial Completion and Final Completion of the same. Notwithstanding anything to the contrary contained in the Contract Documents, a Deliverable Portion of Work with systems - e.g., mechanical, electrical, HVAC - shall not be considered Substantially Complete until it has demonstrated a minimum of thirty (30) consecutive Days of successful, trouble-free operation, beginning after all inspections and testing have been completed for its intended use CONTRACTOR shall notify OWNER such Deliverable Portion of Work. SAMPLE Once a Punch List and ENGINEER in writing that Punch List Schedule are mutually accepted, Owner Parties will inspect the entire Project to determine if each Deliverable Portion of Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) Substantially Complete. During inspection, if Owner Parties determine any incomplete or incorrect item, whether or not included on the Punch List, causes the Deliverable Portion of Work to fail to be Substantially Complete, Contractor shall be given notice and shall promptly correct such item. Following completion of all incomplete items, Contractor shall request that ENGINEER issue Owner Parties’ re-inspect the Deliverable Portion of Work to again determine if it is Substantially Complete. When Owner Parties determine a Deliverable Portion of Work is Substantially Complete, Owner Parties will prepare a certificate (a “Certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER ”) that will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix establish the date of Substantial Completion of that Deliverable Portion of Work, fix the time within which Contractor shall complete and correct items noted in that Certificate of Substantial Completion. There shall be attached to , and designate the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt responsibilities of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute Owner and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to Contractor for security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guaranteesinsurance pertaining to such Deliverable Portion of Work. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate Upon receipt of a Certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER Contractor shall diligently complete all items of incomplete Work and CONTRACTOR until final payment. B. OWNER shall have repair all Defective Work, including those identified in the right to exclude CONTRACTOR from the Site after the date applicable Punch List and Certificate of Substantial Completion. However, but OWNER failure by any party to include an item on the Punch List or in the Certificate of Substantial Completion shall allow CONTRACTOR reasonable access not alter Contractor’s responsibility to complete all Work in accordance with the Contract Documents. In accordance with the Punch List Schedule, Owner Parties anticipate they will make an initial visit and one re-inspection for each of Contractor’s Deliverable Portions of Work. If, after making a re-inspection, Owner Parties determine a Deliverable Portion of Work is not Substantially Complete or correct items on the tentative listthat previously scheduled Punch List Work has not been completed, Contractor shall pay, without Owner’s reimbursement, Owner Parties’ costs and expenses resulting from additional inspections necessary for Owner Parties to issue Certificates of Substantial Completion.

Substantial Completion. A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER OWNER, Owner’s Representative and ENGINEER ARCHITECT in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER Owner’s Representative or ARCHITECT issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, Owner’s Representative and ENGINEER ARCHITECT shall make an inspection of the Work to determine the status of completion. If ENGINEER ARCHITECT does not consider the Work substantially complete, ENGINEER ARCHITECT will notify OWNER, Owner’s Representative and CONTRACTOR in writing giving the reasons therefor. If ENGINEER ARCHITECT considers the Work substantially complete, ENGINEER ARCHITECT will prepare and deliver to OWNER a tentative certificate of Substantial Completion Completion, which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER ARCHITECT as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER ARCHITECT concludes that the Work is not substantially complete, ENGINEER ARCHITECT will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER ARCHITECT considers the Work substantially complete, ENGINEER ARCHITECT will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER ARCHITECT believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER ARCHITECT will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER ARCHITECT in writing prior to ENGINEERARCHITECT’s issuing the definitive certificate of Substantial Completion, ENGINEERARCHITECT’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. When CONTRACTOR considers (a) Project Co shall deliver a notice of the entire date anticipated to be the Substantial Completion Date to CHH and the Consultant at least 90 days prior to the date anticipated by Project Co to be the Substantial Completion Date. Project Co acknowledges that CHH needs a minimum of 90 days notice prior to the anticipated Substantial Completion Date to prepare for Commissioning. Project Co shall advise CHH and the Consultant of any change in the anticipated date. Project Co shall, by the date which is 20 days prior to the anticipated Substantial Completion Date as set out in Project Co’s notice, prepare a list, in electronic format on software that identifies deficiencies by division, trade and location (“Project Co’s Preliminary Minor Deficiencies List”) of Minor Deficiencies, including an estimate of the cost of and the time for rectifying such Minor Deficiencies. (b) Project Co shall reconfirm the anticipated Substantial Completion Date in a notice given to CHH and to the Consultant 20 days prior to the anticipated Substantial Completion Date which notice shall include a copy of Project Co’s Preliminary Minor Deficiencies List. Project Co shall plan for start-up and verification of all systems to be completed no later than 7 days prior to the anticipated Substantial Completion Date. Project Co shall reconfirm the anticipated Substantial Completion Date and when Project Co is satisfied that it has completed all of the requirements for Substantial Completion, Project Co shall apply to CHH and the Consultant for certification of Substantial Completion in a notice to CHH and the Consultant by the date which is 10 days prior to the anticipated Substantial Completion Date. The Consultant shall in the next following 10 days, proceed to review and inspect the Work ready for the purpose of: (i) confirming the achievement of Substantial Completion and providing its intended use CONTRACTOR shall notify OWNER report with respect thereto pursuant to Section 16.1(d); (ii) certifying substantial performance of the Work in accordance with the Construction Lien Act (Ontario) pursuant to Section 16.1(c); and ENGINEER in writing that (iii) taking into account Project Co’s Preliminary Minor Deficiencies List, preparing its own list of Minor Deficiencies (the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete“Minor Deficiencies List”) and request its estimate of the cost of and the time for rectifying the Minor Deficiencies set out in the Minor Deficiencies List. (c) When the Consultant is satisfied that ENGINEER issue substantial performance of the Work in accordance with the Construction Lien Act (Ontario) has been achieved, the Consultant shall provide Project Co and CHH with a certificate of substantial performance in accordance with the Construction Lien Act (Ontario). (d) When the Consultant is satisfied that Substantial Completion has been achieved, the Consultant shall provide to CHH and to Project Co a report confirming the Minor Deficiencies List and the date on which the Consultant determines that Substantial Completion was achieved. Failure to include an item on the Minor Deficiencies List does not alter the responsibility of Project Co to complete the Work. (e) The Consultant shall state the Substantial Completion Date as set out in its report delivered under Section 16.1(d) in a certificate. (f) The Consultant shall prepare the Minor Deficiencies List before a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTORCompletion is issued, and ENGINEER if the certificate referred to in Section 16.1(c) has been issued, then the Consultant shall make an inspection of not withhold the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which by reason solely that there are such Minor Deficiencies. (g) Project Co shall fix publish in a construction trade newspaper in the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt area of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection location of the Work, maintenance, heat, utilities, insurancea copy of the certificate of substantial performance in accordance with the Construction Lien Act (Ontario) and Project Co shall provide suitable evidence of the publication to the Consultant and CHH. (h) CHH may withhold from the payment otherwise due on the Substantial Completion Payment Date a holdback amount that is [REDACTED]% of the amount estimated by the Consultant for CHH to complete and rectify the Minor Deficiencies. The Consultant shall inspect the completion of the Minor Deficiencies and shall provide a monthly progress report to CHH describing the Minor Deficiencies which have been completed to the satisfaction of the Consultant, and CHH shall release from such holdback the amount of any holdback allocated to the Minor Deficiencies which have been completed. If, at any time after the 120 day period for completion of the Minor Deficiencies referred to in Section 5.2 of Schedule 18 – Payments and Holdbacks, any of the Minor Deficiencies are not completed in 10 Business Days following Project Co’s receipt of a written notice from CHH to correct the deficient work, or Project Co is not diligently working towards completion of the deficient work to the satisfaction of the Consultant, and unless CHH otherwise agrees, or the reasons for any delay are acceptable to CHH, or the delay is caused by CHH or a CHH Party, CHH may engage others to perform the work necessary to complete and rectify the Minor Deficiencies at the risk and cost of Project Co and CHH may deduct such cost from the holdback amount or any other amount remaining owing by CHH to Project Co. If the cost of completion and rectification of any Minor Deficiencies exceeds the amount held back by CHH, then Project Co shall reimburse CHH for all such excess costs. (i) Project Co shall assign to CHH and submit with the application for Substantial Completion, all guarantees, warranties (whether from manufacturers, or Project Co Parties), certificates, preliminary testing and guaranteesbalancing reports, distribution system diagrams, maintenance and operation instructions, maintenance manuals and materials and any other materials or documentation required to be submitted under this Project Agreement and otherwise required for the proper use and operation of the Work for the Project (collectively, the “Project Deliverables”). Unless OWNER If Project Co requests, Project Co and CONTRACTOR the Consultant shall, within 60 days following the request of Project Co, settle and agree otherwise upon a list specifying in writing reasonable detail the items to be assigned and so inform ENGINEER submitted under the foregoing sentence. If Project Co is unable to provide any of the Project Deliverables for any reason, Project Co may submit a list of the outstanding Project Deliverables and if a delay in the delivery of such outstanding Project Deliverables will not impair the safety, security or health of the occupants of the Project, such outstanding Project Deliverables shall be included as Minor Deficiencies. Failure to submit any of the Project Deliverables that are required for the safe occupation and use of the Work and as may be necessary for the security and health of the occupants of the Project, shall be grounds for the Consultant to reject Project Co’s application for Substantial Completion. For the purposes of Section 16.1(h), and any holdback to be taken as contemplated thereunder, the value of such outstanding Project Deliverables shall, without regard to the degree or quantum of such outstanding Project Deliverables, be set at $[REDACTED]. The assignment by Project Co of all guarantees and warranties shall expressly reserve the right of Project Co to make any claims under such guarantees and warranties for the repair or replacement of any Work and such assignment shall in no way prejudice any rights of or benefits accruing to Project Co pursuant to such guarantees and warranties. For greater certainty, nothing herein is intended to constitute a release or waiver of the obligation of Project Co to submit and assign (as applicable) to CHH all of the Project Deliverables. (j) The submission of an application for payment upon Substantial Completion shall constitute a waiver by Project Co of all claims whatsoever against CHH under this Project Agreement, whether for a change in the Guaranteed Price, extension of the Contract Time or otherwise, except (i) those made in writing prior to ENGINEERProject Co’s issuing the definitive certificate application for payment upon Substantial Completion and still unsettled; (ii) any third party claim which Project Co was not aware of Substantial Completionat such time and with respect to which Project Co is entitled to indemnification from CHH in accordance with this Project Agreement; and (iii) subject to any subsequent waiver under Section 34.1, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site claims arising out of any act or omission of CHH or any CHH Party after the date of Substantial Completionthe waiver, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on and third-party claims arising after the tentative listdate of the waiver. For greater certainty, for the purposes of clauses (i) and (ii) above, a third party claim does not include any claim by a Project Co Party.

Substantial Completion. A. When CONTRACTOR considers Trane may provide written notice to Customer that one or more of the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER items comprising the Services described in writing that the entire Work is Exhibit B (each, a “Service Element”) is/are substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER Customer issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate Certificate of Substantial Completion which shall fix and Acceptance with respect to such Service Elements, substantially in the form of Exhibit B.1. Substantial Completion with respect to a Service Element is the date when the specified Services have been performed or installed and are operating as required by this Agreement, with only minor work remaining as may be specified on a punch list agreed to by Customer and Trane and, if applicable, annexed to the Certificate of Substantial CompletionCompletion and Acceptance. There Customer shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven within fourteen (14) days after following receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate Certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from and Acceptance inspect the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At specified Service Element and either execute the time of delivery of the tentative certificate Certificate of Substantial Completion ENGINEER will deliver and Acceptance or reject such certificate setting forth in detail the reasons for such rejection. If Customer fails to OWNER accept or reject the Certificate of Substantial Completion and CONTRACTOR a written recommendation as Acceptance within such fourteen (14) day period, Customer shall be deemed to division have accepted the Services outlined in the Certificate of responsibilities pending final payment between OWNER Substantial Completion and CONTRACTOR Acceptance and the Substantial Completion Date with respect to securitythe applicable Service Element shall be deemed the date such certificate was issued. . If Customer timely and properly rejects such certificate, operation, safety, Trane will correct deficiencies in the Services and protection will issue another Certificate of Substantial Completion and Acceptance to Customer. The procedure set forth above shall be repeated until the Certificate of Substantial Completion and Acceptance shall have been executed or deemed executed by the Customer. Customer’s acceptance of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate Certificate of Substantial CompletionCompletion and Acceptance shall not be unreasonably withheld, ENGINEER’s aforesaid recommendation will be binding on OWNER conditioned or delayed by Customer. Exhibit B.1 may specify the responsibilities between Customer and CONTRACTOR until final paymentTrane for Performance Period Services (pursuant to Exhibit G) and any adjustment of compensation therefor. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. When CONTRACTOR DESIGN/BUILDER considers the entire Work Construction ready for its intended use CONTRACTOR DESIGN/BUILDER shall notify OWNER and ENGINEER in writing that the entire Work Construction is substantially complete (except for items specifically listed by CONTRACTOR DESIGN/BUILDER as incomplete) and request that ENGINEER OWNER issue a certificate of Substantial Completion. Promptly Within a reasonable time thereafter, OWNER, CONTRACTOR, OWNER and ENGINEER DESIGN/BUILDER shall make an inspection of the Work Construction to determine the status of completion. If ENGINEER OWNER does not consider the Work Construction substantially complete, ENGINEER OWNER will notify CONTRACTOR DESIGN/BUILDER in writing giving the reasons therefor. If ENGINEER OWNER considers the Work Construction substantially complete, ENGINEER OWNER will prepare and deliver to OWNER DESIGN/BUILDER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative Such list of items to be completed or correctedcorrected may be amended by OWNER for a period of sixty (60) reflecting days following the date DESIGN/BUILDER requests that OWNER issue a certificate of Substantial Completion and DESIGN/BUILDER shall not be responsible for completing or correcting items not listed by OWNER within such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNERtime. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER OWNER will deliver to OWNER and CONTRACTOR DESIGN/BUILDER a written recommendation determination as to division of responsibilities pending final payment between OWNER and CONTRACTOR DESIGN/BUILDER with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall will have the right to exclude CONTRACTOR DESIGN/BUILDER from the Site after the date of Substantial Completion, but OWNER shall will allow CONTRACTOR DESIGN/BUILDER reasonable access to complete or correct items on the tentative listlist of items to be completed.

Substantial Completion. A. “Substantial Completion” means the stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the Owner’s opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and usable for intended purposes, as evidenced by a Certificate of Substantial Completion approved by the Owner. If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When CONTRACTOR the Contractor considers that the entire Work ready for its intended use CONTRACTOR Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify OWNER and ENGINEER in writing that Owner’s Designated Representative (sometimes referred to as the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete“ODR”) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of determination as to whether the Work to determine the status of completionor designated portion thereof is substantially complete. If ENGINEER the ODR does not consider the Work substantially complete, ENGINEER the ODR will notify CONTRACTOR the Contractor giving reasons therefore. Failure on the Owner’s part to list a reason does not alter the responsibility of the Contractor to complete all Work in writing giving accordance with the reasons thereforterms of this Agreement. After satisfactorily completing items identified by Owner’s Designated Representative, the Contractor shall then submit another request for the ODR to determine Substantial Completion. If ENGINEER The ODR considers the Work substantially complete, ENGINEER The ODR will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix establish the date of Substantial Completion. There , shall be attached to the certificate include a tentative punch list of items to be completed or corrected before final completion and final payment. OWNER , shall have seven days after receipt establish the time within which the Contractor shall finish the punch list, and shall establish responsibilities of the tentative certificate during which to make written objection to ENGINEER as to any provisions of Owner and the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to Contractor for security, operation, safety, and protection of the Work, maintenance, heat, utilities, damage to the Work, warranty and insurance, . Failure to include an item on the punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the terms and warranties and guaranteesconditions of this Agreement. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive The certificate of Substantial Completion, ENGINEER’s aforesaid recommendation Completion shall be signed by the Owner and the Contractor to evidence acceptance of the responsibilities assigned to them in such certificate. Substantial Completion (as defined in this agreement) for all stages of the Work shall be achieved on or before the following Substantial Completion date: DATE FOR SUBSTANTIAL COMPLETION: TBD (15 days from work authorizations) Under no circumstances will be binding on OWNER and CONTRACTOR until final paymentthe time for Substantial Completion exceed this date without a written amendment to this Agreement. THE TIMES SET FORTH IN THE CONSTRUCTION DOCUMENTS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT. TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THIS AGREEMENT. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Substantial Completion. A. When CONTRACTOR considers If Landlord shall be delayed in substantial completion as a result of Tenant Delays, then the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTORCommencement Date, and ENGINEER Tenant’s obligation to begin paying Base Rent and Additional Charges, shall make an inspection be adjusted to reflect what the Commencement Date would have been if there had been no Tenant Delays. Notwithstanding the foregoing, if Tenant Delays occur and, as a result thereof, Landlord reasonably anticipates that Substantial Completion will not occur on or before the Scheduled Commencement Date, then at Landlord’s sole election and in addition to any other remedies that may be available to Landlord under the Lease or at law or in equity, at Landlord’s written request Tenant shall commence payment of Base Rent and Additional Charges on the Work to determine date one month following the status of completionScheduled Commencement Date. If ENGINEER does not consider Landlord makes such election, then the Work substantially completeInstallment of Base Rent, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially completeand any installments of any components of Additional Charges, ENGINEER will prepare and deliver to OWNER a tentative certificate of that are first due after Substantial Completion which shall fix the date of Substantial Completion. There occurs shall be attached adjusted to reflect the actual Commencement Date. Landlord’s election, as set forth above, shall not constitute a waiver of any default by Tenant or any other remedy available to Landlord as a result thereof, to the certificate extent the circumstances giving rise to a tentative list of items to be completed Tenant Delay constitute a default by Tenant hereunder or corrected before final paymentunder the Lease. OWNER shall have Within seven (7) days after receipt written request of Landlord, Tenant agrees to give Landlord a letter confirming the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes Commencement Date and certifying that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of Tenant has accepted delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER Premises and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection that the condition of the WorkPremises complies with Landlord’s obligations hereunder. The plans and specifications related to Two Circle Star Way as drawn or assembled by K▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ & Partners, maintenanceInc. as called out below: GENERAL A0.0 COVER SHEET 1/22/98 A0.1 GENERAL INFORMATION SHEET/ TITLE 24 ENERGY COMPLIANCE 1/22/98 CIVIL C0.2 C1.l STORM WATER POLLUTION PREVENTION PLAN LAYOUT AND PAVING PLAN 11/14/97 Cl.2 LAYOUT AND PAVING PLAN 12/19/97 C2.1 GRADING PLAN 11/14/97 C2.2 GRADING PLAN 11/14/97 C3.1 UTILITY PLAN 11/14/97 C3.2 UTILITY PLAN 11/14/97 C4.1 DETAILS 11/14/97 C4.2 DETAILS 11/14/97 C4.3 DETAILS 12/19/97 ARCHITECTURAL A2.1 BUILDING ONE FIRST FLOOR PLAN 2/26/98 A2.2 BUILDING ONE SECOND FLOOR PLAN 1/22/98 A2.3 BUILDING ONE THIRD FLOOR PLAN 1/22/98 A2.4 BUILDING ONE FOURTH FLOOR PLAN 1/22/98 A2.5 ENLARGED CORE PLAN 1/22/98 A2.6 ENLARGED BATHROOM PLANS 1/22/98 A3.1 BUILDING ONE ROOF PLAN 1/22/98 A4.1 BUILDING ONE ELEVATIONS 2/26/98 A4.2 BUILDING ONE ELEVATIONS 1/22/98 A5.1 BUILDING SECTION 1/22/98 A5.2 TYPICAL WALL SECTIONS 1/22/98 A7.1 REFLECTED CEILING PLANS 3/5/97 A7.2 ENLARGED STAIR PLANS AND SECTIONS 1/22/98 A7.3 ENLARGED ELEVATOR PLANS AND SECTIONS 1/22/98 A7.4 DOOR AND HARDWARE SCHEDULE/ ROOM FINISH SCHEDULE 3/11/98 A8.1 EXTERIOR DETAILS 1/22/98 A8.2 DOOR/ WINDOW DETAILS 1/22/98 A8.3 ROOF DETAILS 1/22/98 A9.1 WALL TYPES 1/22/98 A9.2 INTERIOR DETAILS 1/22/98 A9.3 UL ASSEMBLIES 11/14/97 STRUCTURAL S0.l GENERAL NOTES 10/6/97 S2.1 BUILDING ONE FOUNDATION/ FIRST FLOOR FRAMING PLAN 10/6/97 S2.2 BUILDING ONE 2ND FLR. FRAMING PLAN 10/6/97 S2.3 BUILDING ONE 3RD FLR. FRAMING PLAN 10/6/97 S2.4 BUILDING ONE 4TH FLR. FRAMING PLAN 10/6/97 S2.5 BUILDING ONE ROOF FRAMING PLAN 10/6/97 S2.5A BUILDING ONE ROOF SCREEN/ SLAB REINFORCING PLAN 10/6/97 S3.1 TYPICAL CONCRETE DETAILS 7/23/97 S3.2 CONCRETE DETAILS NO. 1 10/6/97 S3.3 CONCRETE DETAILS NO. 2 10/6/97 S3.4 CONCRETE DETAILS NO. 3 10/6/97 S5.1 TYPICAL METAL DECK DETAILS NO. 1 10/6/97 S5.2 TYPICAL METAL DECK DETAILS NO. 2 10/6/97 S5.3 TYPICAL STEEL DETAILS 10/6/97 S5.4 COLUMN SCHEDULE AND DETAILS 10/6/97 S5.5 BRACED FRAME ELEVATIONS AND DETAILS 10/6/97 S5.6 STEEL DETAILS NO. 1 10/6/97 S5.7 STEEL DETAILS NO. 2 10/6/97 S9.1 PRECAST PANEL SUPPORT PLAN 10/6/97 S9.2 PRECAST PANEL SUPPORT PLAN 7/30/97 S9.3 PRECAST PANEL SUPPORT DETAILS 10/6/97 LANDSCAPE L-l PHASE ONE NOTES AND LEGEND 2/6/98 L-2 PHASE ONE LAYOUT AND GRADING PLAN 2/6/98 L-3 PHASE ONE PLATING PLAN 2/6/98 L-4 PHASE ONE IRRIGATION 2/6/98 L-5 PHASE ONE DETAILS 7/28/97 L-6 PHASE ONE DETAILS 11/26/97 L-7 PHASE ONE DETAILS 2/6/98 MECHANICAL AC0.01 TITLE 24, heatDRAWING SCHEDULE, utilitiesMANDATORY 3/10/98 MEASURES, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.AND GENERAL NOTES 3/10/98 AC0.02 EQUIPMENT SCHEDULE 3/10/98 AC1.01 FIRST FLOOR HVAC PLAN 3/10/98 AC1.02 SECOND FLOOR HVAC PLAN 3/10/98 AC1.03 THIRD FLOOR HVAC PLAN 3/10/98 AC1.04 FOURTH FLOOR HVAC PLAN 3/10/98 AC1.05 ROOF PLAN 3/10/98 AC1.06 ROOF COORDINATION PLAN 3/10/98 AC2.01 PIPING SCHEMATICS AND DETAILS 3/10/98 AC7.01 WIRING AND CONTROLS 3/10/98 ELECTRICAL CIR-E0 COVER SHEET 7/23/97 CIR-SE1 SITE LIGHTING PLAN 7/23/97 CIR-SE2 SITE LIGHTING PLAN 7/23/97 CIR-E1 FIRST FLOOR LIGHTING PLAN 7/23/97 CIR-E2 SECOND FLOOR LIGHTING PLAN 7/23/97 CIR-E3 THIRD FLOOR LIGHTING PLAN 7/23/97 CIR-E4 FOURTH FLOOR LIGHTING PLAN 7/23/97 CIR-E5 FIRST FLOOR POWER PLAN 7/23/97 CIR-E6 SECOND FLOOR POWER PLAN 7/23/97 CIR-E7 THIRD FLOOR POWER PLAN 7/23/97 CIR-E8 FOURTH FLOOR POWER PLAN 7/23/97 CIR-E9 FIRST FLOOR MECHANICAL PLAN 7/23/97 CIR-E10 SECOND FLOOR MECHANICAL PLAN 7/23/97 CIR-E11 THIRD FLOOR MECHANICAL PLAN 7/23/97 CIR-E12 FOURTH FLOOR MECHANICAL PLAN 7/23/97 CIR-E13 ROOF MECHANICAL PLAN 7/23/97 CIR-E14 SINGLE LINE DIAGRAM 11/24/97 CIR-E15 PANEL SCHEDULES 7/23/97 CIR-E16 PANEL SCHEDULES 7/23/97 CIR-E17 TITLE 24 7/23/97 PLUMBING P▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇/▇▇/▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ABOVE GRADE 12/18/97 P2 2ND FLOOR 12/18/97 P▇ ▇▇▇ ▇▇▇▇▇ ▇▇/▇▇/▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇ 12/18/97 P5 ROOF PLAN 12/18/97 FIRE ALARM SYSTEM FA-1 FIRST FLOOR BUILDING ONE 12/5/97 FA-2 SECOND FLOOR BUILDING ONE 12/5/97 FA-3 THIRD FLOOR BUILDING ONE 1▇/▇/▇▇ ▇▇-▇ ▇▇▇▇▇▇ ▇▇▇▇▇ BUILDING ONE 12/5/97 FA-5 ROOF PLAN BUILDING ONE 12/5/97

Substantial Completion. A. When CONTRACTOR Subject to the provisions of Section 1.13 hereof, "Substantial Completion" shall mean the point in the progress of the Property when construction is sufficiently complete so that no item of work remaining to be Performed would prevent Tenant from using the Property for the purposes contemplated by this Lease. Landlord shall, as construction of the Property nears completion, provide Tenant with advance notice of the approximate date at which Substantial Completion may occur. Then, upon notification by ▇▇▇▇▇▇▇▇ that he considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER Property according to the Plans and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR Specifications as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work being substantially complete, ENGINEER will notify CONTRACTOR in writing giving Tenant and Landlord's engineer ("Engineer") shall promptly inspect the reasons thereforProperty and the Plans and Specifications to determine whether it is substantially complete. If ENGINEER considers the Work Engineer reasonably determines and Tenant reasonably agrees that the Plans and Specifications are substantially complete, ENGINEER will prepare and deliver to OWNER he or she shall issue a tentative certificate Certificate of Substantial Completion indicating that substantial completion has been achieved. If Tenant reasonably disagrees or if the Engineer's inspection discloses any item which prevents a determination of substantial completion ("Major Item"), then Landlord shall fix complete such item before the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER’s objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate Engineer issues his Certificate of Substantial Completion or call for arbitration as set forth in subparagraph (with d). Landlord shall execute and record a revised tentative list Notice of items to be completed or correctedCompletion within fifteen (15) reflecting such changes from the tentative certificate as ENGINEER believes justified days after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise ▇▇▇▇▇▇▇▇ agrees to furnish in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing connection with the definitive certificate Engineer's issuance of the Certificate of Substantial Completion, ENGINEER’s aforesaid recommendation will be binding on OWNER Conditional Lien Waiver and CONTRACTOR until final payment. B. OWNER shall have the right Release Forms Upon Final Payment which conform to exclude CONTRACTOR Civil Code Section 3262, for work, labor and materials used in performance of this Lease, from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.Landlord and each subcontractor and supplier that has served a preliminary 20-day notice. Initials ----- -----