SUBLEASED
PREMISES TO SUBLESSEE IN THE REQUIRED CONDITION ON OR BEFORE A DATE WHICH IS
TWENTY-FIVE (25) CALENDAR DAYS FOLLOWING THE EFFECTIVE DATE.
4.3
FAILURE TO SUBSTANTIALLY COMPLETE BY OUTSIDE
COMPLETION DATE.
SUBLESSOR EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE FAILURE
OF SUBLESSOR TO CAUSE THE SUBLESSOR'S WORK TO BE SUBSTANTIALLY COMPLETE AND TO
DELIVER EACH PHASE TO SUBLESSOR IN THE REQUIRED CONDITION IN THE MANNER REQUIRED
BY THIS SECTION 4.3 WILL EXTEND THE FIRST PHASE DELIVERY DATE OR SECOND PHASE
DELIVERY DATE, AS APPLICABLE, AND THE CONCOMITANT COMMENCEMENT OF PAYMENT OF
RENT THEREUNDER, FOR EVERY DAY THAT SUBLESSOR FAILS TO DELIVER ANY PHASE OF THE
SUBLEASED PREMISES TO SUBLESSEE FOR OCCUPANCY IN THE MANNER REQUIRED BY THIS
ARTICLE 4 AND IN ACCORDANCE WITH THE TERMS OF SECTION 2.1 ABOVE, SUBLESSEE SHALL
HAVE THE RIGHT TO TERMINATE THIS SUBLEASE, BY GIVING WRITTEN NOTICE OF
TERMINATION TO SUBLESSOR AT ANY TIME FOLLOWING THE FIRST PHASE OUTSIDE DELIVERY
DATE, WITH RESPECT TO THE FIRST PHASE, AND THE SECOND PHASE OUTSIDE DELIVERY
DATE, WITH RESPECT TO THE SECOND PHASE (RESPECTIVELY THE "OUTSIDE COMPLETION
DATE"), UNTIL DELIVERY OF POSSESSION TO SUBLESSEE IN THE CONDITION REQUIRED BY
THIS ARTICLE 4 AND ARTICLE 1 ABOVE; PROVIDED, HOWEVER, THAT THE OUTSIDE
COMPLETION DATE SHALL BE EXTENDED ONE (1) DAY FOR EVERY DAY THAT THE DELAY IS
CAUSED BY SUBLESSEE'S FAILURE TO TIMELY APPROVE ANY REQUIRED PLANS AND
SPECIFICATIONS WITHIN THE TIME PROVIDED BY SECTION 4.2 ABOVE OR BY CHANGE ORDERS
REQUESTED BY SUBLESSEE AFTER COMPLETION OF THE WORK IN ACCORDANCE WITH THE
APPROVED PLANS THAT RESULTED IN A DELAY OF THE SUBSTANTIAL COMPLETION AND
SUBLESSEE WAS ADVISED IN WRITING BY SUBLESSOR OF SUCH DELAY PRIOR TO THE
APPROVAL OF SUCH CHANGE ORDER.
4.4
PUNCHLIST.
UPON SUBSTANTIAL COMPLETION OF
THE SUBLESSOR'S WORK FOR EACH PHASE, SUBLESSOR WILL PROMPTLY GIVE WRITTEN NOTICE
TO SUBLESSEE AND SHALL DELIVER THE SUBLEASED PREMISES TO SUBLESSEE IN THE
REQUIRED CONDITION AND CLEAN AND FREE OF DEBRIS.
SUBLESSOR
21
REPRESENTS AND WARRANTS TO SUBLESSEE THAT ON THE FIRST PHASE DELIVERY DATE AND
THE SECOND PHASE DELIVERY DATE THE PLUMBING, ELECTRICAL, FIRE SPRINKLER SYSTEM,
LIGHTING, AIR CONDITIONING, HEATING, AND LOADING DOORS AND ELEVATORS, IF ANY, IN
THE SUBLEASED PREMISES, SHALL BE IN GOOD OPERATING CONDITION AND REPAIR AND IN
COMPLIANCE WITH ALL GOVERNMENTAL REQUIREMENTS AND APPLICABLE LAWS, AND THAT THE
ROOF, FOUNDATION, AND ALL OTHER STRUCTURAL COMPONENTS OF THE SUBJECT BUILDING,
AND THE PROJECT, STORM DRAIN AND OTHER DRAINAGE FACILITIES IN THE PROJECT COMMON
AREAS AND PROJECT SHALL BE IN GOOD OPERATING CONDITION AND REPAIR, THAT
SUBSTANTIAL COMPLETION OF SUBLESSOR'S WORK FOR SUCH PHASE SHALL HAVE OCCURRED
AND THAT ALL PERMITS REQUIRED FOR SUBLESSEE'S LEGAL OCCUPANCY AND USE OF SUCH
PHASE OF THE SUBLEASED PREMISES SHALL HAVE BEEN ISSUED.
WITHIN FIVE (5)
BUSINESS DAYS AFTER THE OCCURRENCE OF SUBSTANTIAL COMPLETION, A REPRESENTATIVE
OF SUBLESSOR AND A REPRESENTATIVE OF SUBLESSEE TOGETHER SHALL INSPECT THE
SUBLEASED PREMISES AND GENERATE A PUNCHLIST OF DEFECTIVE OR UNCOMPLETED ITEMS
RELATING TO THE COMPLETION OF CONSTRUCTION OF THE IMPROVEMENTS (THE
"PUNCHLIST").