SUBLESSOR SHALL, IMMEDIATELY AFTER THE PUNCHLIST IS PREPARED AND
AGREED UPON BY SUBLESSOR AND SUBLESSEE, COMPLETE SUCH INCOMPLETE WORK AND REMEDY
SUCH DEFECTIVE WORK AS IS SET FORTH ON THE PUNCHLIST.
4.5
SUBLESSOR WARRANTY.
SUBLESSOR HEREBY
WARRANTS TO SUBLESSEE, WHICH WARRANTY ("SUBLESSOR'S WARRANTY") SHALL SURVIVE FOR
THE ONE (1) YEAR PERIOD FOLLOWING THE FIRST PHASE DELIVERY DATE OR SECOND PHASE
DELIVERY DATE, RESPECTIVELY, FOR EACH PHASE, THAT (I) THE MATERIALS AND
EQUIPMENT FURNISHED BY SUBLESSOR'S CONTRACTORS IN THE COMPLETION OF THE
SUBLESSOR'S WORK WILL BE OF GOOD QUALITY AND NEW, AND (II) SUCH MATERIALS AND
EQUIPMENT AND THE WORK OF SUCH CONTRACTORS SHALL BE FREE FROM DEFECTS NOT
INHERENT IN THE QUALITY REQUIRED OR PERMITTED HEREUNDER AND (III) THE
SUBLESSOR'S WORK COMPLIES WITH GOVERNMENTAL REQUIREMENTS AND APPLICABLE LAWS AND
THE PRIME LEASE.
THIS WARRANTY SHALL EXCLUDE DAMAGES CAUSED BY SUBLESSEE OR
SUBLESSEE'S AFFILIATES, IMPROPER OR INSUFFICIENT MAINTENANCE, AND IMPROPER
OPERATION.
SUBLESSOR FURTHER WARRANTS THAT (1) AS OF THE FIRST PHASE DELIVERY
DATE FOR THE FIRST PHASE, AND THE SECOND PHASE DELIVERY DATE FOR THE SECOND
PHASE, THE SUBLEASED PREMISES AND THE SUBLESSOR'S WORK WILL BE COMPLIANCE WITH
REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT OF 1990 (2) THE SUBLESSOR'S
WORK WILL BE CONSTRUCTED AND INSTALLED BY SUBLESSOR IN COMPLIANCE WITH THE
APPROVED PLANS AND SUCH WARRANTY SHALL REMAIN IN EFFECT THROUGHOUT THE FULL
SUBLEASE TERM. SUBLESSOR SHALL, FOLLOWING WRITTEN NOTICE FROM SUBLESSEE SETTING
FORTH WITH SPECIFICITY THE NATURE AND EXTENT OF ANY NONCOMPLIANCE WITH THIS
WARRANTY, PROMPTLY RECTIFY THE SAME AT SUBLESSOR'S EXPENSE.
4.6
SUBSTANTIAL COMPLETION.
FOR PURPOSES OF
THIS SUBLEASE, THE TERMS "SUBSTANTIALLY COMPLETE" AND "SUBSTANTIAL COMPLETION"
(OR ANY VARIATION THEREOF) SHALL MEAN COMPLETION OF CONSTRUCTION OF THE
SUBLESSOR'S WORK IN ACCORDANCE WITH THE APPROVED PLANS AS MODIFIED BY ANY CHANGE
ORDERS APPROVED BY SUBLESSEE, SUBJECT ONLY TO PUNCHLIST ITEMS ESTABLISHED
PURSUANT TO SECTION 4.4 ABOVE, EVIDENCE OF PAYMENT BY SUBLESSOR OF ALL COSTS IN
CONNECTION WITH SUCH CONSTRUCTION, INCLUDING WITHOUT LIMITATION FINAL LIEN
RELEASE AND WAIVERS FROM EACH CONTRACTOR, SUBCONTRACTOR, MATERIAL SUPPLIER AND
LABOR SUPPLIER PROVIDING SERVICES AND MATERIALS TO THE SUBLEASED PREMISES FOR
THE SUBLESSOR'S WORK, FINAL INSPECTION OF THE SUBLESSOR'S WORK BY THE
GOVERNMENTAL AUTHORITY HAVING JURISDICTION; RECORDATION OF A NOTICE OF
COMPLETION AND THE LAPSE OF THIRTY-FIVE (35) DAYS FROM THE DATE OF RECORDING THE
NOTICE; ISSUANCE OF PERMANENT CERTIFICATES OF OCCUPANCY IF REQUIRED FOR
SUBLESSEE TO LEGALLY OCCUPY THE SUBLEASED PREMISES AND EACH PHASE THEREOF; AND
THE DELIVERY TO SUBLESSEE COPIES OF ALL CONSTRUCTION
22
WARRANTIES AND GUARANTEES IN CONNECTION WITH THE SUBLESSOR'S WORK WHICH
SUBLESSEE IS REQUIRED TO MAINTAIN UNDER THE TERMS OF THIS SUBLEASE AND THE
DELIVERY BY SUBLESSOR TO SUBLESSEE OF A CERTIFICATE OF SUBSTANTIAL COMPLETION
FOR THE IMPROVEMENTS ON STANDARD AIA FORM G-704 CERTIFIED BY SUBLESSOR'S
ARCHITECT.
IN THE EVENT SUBSTANTIAL COMPLETION IS DELAYED BECAUSE OF A CHANGE
ORDER APPROVED BY SUBLESSEE WHICH ALSO RESULTED IN A DELAY OF THE DATE SET FOR
SUBSTANTIAL COMPLETION AS ADVISED BY SUBLESSOR PRIOR TO SUBLESSEE'S APPROVAL OF
THE CHANGE ORDER ("SUBLESSEE DELAY"),