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7.3 SR 03-01-2021
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7.3 SR 03-01-2021
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(1) "Permits" is defined in Section 5(a). <br />(m) "Preliminary Addition Plans" is defined in Section 2(a). <br />(n) "Punch List Work" means those minor corrections of construction or decoration <br />details, and minor mechanical adjustments, that are required to cause any applicable portion of <br />the Building Addition Work as constructed to conform to the Final Plans in all material respects <br />and that do not materially interfere with Tenant's use or occupancy of the Building and the <br />Premises. <br />(o) "Substantial Completion" of the Building Addition Work shall be deemed to <br />have occurred on the date that: (1) Landlord has satisfied the Delivery Conditions; (ii) all Building <br />Addition Work has been performed in accordance with the terms of this Work Letter, other than <br />any Punch List Work; and (iii) Landlord has obtained and delivered to Tenant a permanent or <br />temporary certificate of occupancy with respect to the Building Addition, except to the extent the <br />same cannot be obtained by reason of the incompletion of installations or other work that is the <br />responsibility of Tenant (such as, but not limited to, the installation and making operational of <br />Tenant's systems and telecommunications equipment), in which case Landlord shall obtain the <br />same within a reasonable time after the same can be obtained. <br />(p) "Tenant Allowance" shall be up to $5,963,775.00. <br />(q) "Tenant Delay" means a delay caused by any of the following: <br />(1) Tenant's failure to timely approve the Preliminary Addition Plans or any <br />other matter requiring Tenant's approval; <br />(ii) a breach by Tenant of the terms of this Work Letter or the Lease; <br />(iii) Tenant's request for changes in any of the Preliminary Addition Plans, <br />but only if such a request actually causes a delay to Substantial Completion of the <br />Premises; <br />(iv) Tenant's requirement for: (A) materials, components, finishes, or <br />improvements which are different from, or not included in, Landlord's standard tenant <br />improvement items for the Building; or (B) materials that are not available in a <br />commercially reasonable time given the estimated date of Substantial Completion of the <br />Premises; or <br />(v) any other acts or omissions of Tenant, or of any of the Tenant <br />Contractors, their agents, or employees that continue more than three (3) days after <br />written notice thereof by Landlord. <br />(r) "Tenant's Representative" means as the only person authorized <br />to act for Tenant pursuant to this Work Letter. Landlord shall not be obligated to respond to or act <br />upon any request, approval, inquiry, or other communication from or on behalf of Tenant in <br />connection with this Work Letter unless such communication is in writing from Tenant's <br />Representative. Tenant may change the Tenant's Representative[s] at any time upon advance <br />written notice to Landlord. <br />2. Plan Approval. <br />
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