Substantial Completion of the Base Building Improvements. Landlord shall use commercially reasonable efforts to cause the Base Building Improvements that are required to permit Tenant to enter the Premises for purposes of performing the Tenant Improvement Work to be Substantially Complete on or before July 1, 2016, subject to Force Majeure Events and Tenant Delays. Tenant shall have the right to reasonably monitor and confirm Landlords completion of such Base Building Improvements substantially in conformance with the Building Plans. Landlord will give Tenant at least five (5) Business Days prior written notice of the date on which such Base Building Improvements are anticipated to be Substantially Complete (the Substantial Completion Date). Substantially Complete or Substantial Completion shall mean that # the Base Building Improvements that are required to permit Tenant to enter the Premises for purposes of performing the Tenant Improvement have been completed in accordance with the Building Plans, the correction or completion of which items, collectively, will not substantially interfere with Tenants ability to commence the Tenant Improvement Work and # Tenant is legally permitted to enter the Premises for purposes of performing the Tenant Improvement Work. Landlord and Tenant shall then arrange a mutually convenient time, no later than ten (10) Business Days after the anticipated Substantial Completion Date specified in Landlords notice, for Tenant and/or Tenants Architect (as defined below) and Landlord and/or Landlords Architect to conduct a walk-through inspection of the Base Building Improvements.
During the inspection, Landlords Architect shall compile a punchlist of items yet to be completed. If Tenant or Tenants Architect shall fail to inspect the Base Building Improvements within ten (10) Business Days after the Substantial Completion Date specified in Landlords notice, the Base Building Improvements shall be deemed completed and satisfactory in all respects, and the Substantial Completion Date shall be the date set forth in Landlords notice. Landlord shall use commercially reasonable efforts to cause the remaining Base Building Improvements to have been completed on or before the Term Commencement Date in accordance with the Building Plans, the correction or completion of which items, collectively, will not substantially interfere with Tenants ability to occupy the Premises to commence the Tenant Improvement Work
Delivery of Premises. Landlord shall deliver possession of the Premises to Tenant upon the date the Base Building Improvements that are required to permit Tenant to enter the Premises for purposes of performing the Tenant Improvement are Substantially Complete (as those terms are defined in the Tenant Improvement Agreement), and Tenant shall accept such delivery of the Premises, without representation or warranty by Landlord, except as expressly provided herein, and with no obligation of Landlord to perform any construction or other work of improvement upon the Premises, or contribute to the cost of any of the foregoing, except as expressly set forth in this Lease, including in the Tenant Improvement Agreement. Landlord shall exercise commercially reasonable efforts (without any obligation to engage overtime labor or commence any litigation) to deliver possession of the Premises to Tenant with the Base Building Improvements Substantially Complete on or before July 1, 2016. Without limiting the generality of the foregoing, Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building, or the Project, the suitability of the Premises for Tenants use, the condition, capacity or performance of the Base Building Improvements or the identity of other tenants or potential tenants of the Project.
Delay in Substantial Completion. Notwithstanding anything to the contrary contained in the Lease, if the Substantial Completion Date is delayed by reason of Tenant Delay, the Substantial Completion Date shall be the date the Base Building Improvements would have been Substantially Complete absent any Tenant Delay. Tenant Delay shall mean any delay that Landlord encounters in the performance of Landlords obligations under this Agreement or the Lease to construct the Base Building Improvements because of any act, neglect, failure or omission of any nature by Tenant, any employees of Tenants, or any of Tenants Agents, including, but not limited to # delay by Tenant in the submission of information or the giving of authorizations or approvals or the performance of any other obligations of Tenant under this Agreement or the Lease, and # any entry onto the Project by Tenant or Tenants Agents, which delays Substantial Completion of the Base Building Improvements. Tenant shall reimburse Landlord for any and all additional costs incurred by Landlord arising out of or in any way related to the Tenant Delays and Tenant hereby releases Landlord from and against any and all liability for the delay in the Substantial Completion Date arising out of or in any way related to such Tenant Delays.
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