(b) If applicable, prior to the Term Commencement Date, Landlord shall complete construction of the floor(s) in which the Premises are located and shall construct or install in the Premises the improvements to be constructed or installed by Landlord pursuant to the provisions of Landlord's Worksheet attached hereto and made a part hereof by reference. The improvements shall be completed in a good and workmanlike manner and comply with all applicable laws, ordinances, rules and regulations of governmental authorities. The Premises shall be deemed to be completed and possession capable of being delivered when Landlord has completed these improvements subject only to issuance of a certificate of occupancy, where required, and to the completion of items on the punchlist described in Section 3(d). : Tenant shall deliver all approvals, drawings, specifications, and required documents on or before item 12: Tenant Provided Documents Date Certain. Delays due to Tenant written requested changes shall extend the term of the lease one (1) day for each one (1) day of Tenant written requested delay.
(c) In the event Landlord cannot deliver possession of the Premises to Tenant on the Term Commencement Date, (a) the Rent provided hereunder shall abate proportionally to the day on which Tenant accepts delivery of the Premises, the Term Commencement Date and Term Expiration Date specified in Items 12 and 13, respectively, of the Term Sheet shall be extended to conform to the time Tenant accepts delivery of the Premises, and Landlord shall not suffer any other liability whatsoever, except as set forth hereinafter; and (b) Tenant agrees to accept delivery of the Premises within five (5) Business Days after it receives written notice from Landlord that the Premises are ready for its occupancy. Notwithstanding the foregoing, if the Premises are not completed and actual possession tendered to Tenant within thirty days after the Term Commencement Date and such delay is not the result of Tenant's actions, Tenant may, at its option, give Landlord notice of its termination of this Lease in which case this Lease shall be of no further force and effect. In this event, all sums paid by Tenant to Landlord on account of this lease shall be refunded to Tenant. Landlord agrees to use its best efforts to have the Premises completed as herein provided prior to the Term Commencement Date.
(d) Before the Term Commencement Date, Landlord and Tenant shall inspect the Premises, have all systems demonstrated, and prepare a punchlist. The punchlist shall list incomplete, minor or insubstantial details or construction; necessary mechanical adjustments and needed finishing touches that do not unreasonably interfere with Tenant's intended use of the Premises. Landlord will complete the punchlist items in an expeditious manner in no event later than thirty (60) days after the Term Commencement Date. Landlord will promptly correct any latent defects as they become known. Tenant shall notify Landlord of the defect within thirty (30) days after Tenant first learns of the defect.
(e) In the event the Premises are ready for occupancy prior to the Term Commencement Date, Tenant shall have the right, but notthe obligation, to take early occupancy of the Premises on such date as Landlord and Tenant shall agree, however, such early occupancy shall not change the Term Commencement Date or Term Expiration Date specified in Items 12 and 13, respectively, of the Term Sheet.
(f) If Tenant elects to accept possession of the Premises prior to the Term Commencement Date (i.e. "takes early occupancy") for the regular conduct of Tenant's business, then either the entire Term of the Lease should be accelerated to the earlier date of Tenant's possession or the Term should be extended by the period from the earlier date of Tenant's possession to the day prior to the Term Commencement Date. In either event, Tenant's occupancy of the Premises for the regular conduct of Tenant's business prior to the Term Commencement Date should be upon all of the terms, covenants and conditions contained in the Lease, including the payment of Base Rent and additional rent.
(g) Tenant and its contractors shall have the right to install equipment, trade fixtures, furnishings and decorations in the Premises for a period of thirty (30) days prior to the Term Commencement Date, provided such installation does not unreasonably delay or interfere with Landlord's construction or delivery of possession. Tenant's occupancy of the Premises under this Section 3(f) shall be upon all the terms, covenants and conditions contained in the Lease, except that Tenant shall not be obligated to pay Base Rent and additional rent.
(h) Landlord and Tenant agree, upon demand of the other, to execute a declaration in the form attached here to as Exhibit C and made a part hereof by reference, expressing the Term Commencement Date and Term Expiration Date.
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