NYC 9/11 Public Portal Document
DEC-31-1997 14:36 NYC LAW DEPT 212 788 0366 P.10/13
adversely affect Tenant's use of the general office portion of the Demised Premises, including
necessary sign-offs of The Port Authority, (or when all work (except as aforesaid) would have
been completed but for delays caused by Tenant as provided in this Paragraph (H) or otherwise).
and (ii) a certified air balancing report approved by Landlord's engineer as being in conformance
with the Final Plans has been delivered to the Tenant. Tenant shall promptly submit to Landlord
a "punch-list" of such minor unfinished work which punch-list items, undisputed by Landlord,
will be diligently completed. Tenant shall periodically inspect Tenant's Initial Work and make
any objections thereto, if called for, without delay, so as to mitigate changes, delays and costs.
Landlord shall give Tenant notice (“Landlord’s Completion Notice”) of Substantial Completion
on or promptly after the date of Substantial Completion, which notice shall include the items
under (i) (Port Authority sign-offs) and (ii) above. Tenant shall certify or deny certification of
Substantial Completion (“Certification") to Landlord within three (3) business days after receipt
of Landlord’s Completion Notice. Failure by Tenant to respond within said three (3) business
day period, shall be deemed Certification by Tenant. If Tenant shall deny Certification, Tenant
shall state in writing in reasonable detail the reasons for such denial but, in any event,
Substantial-Completion and the Commencement Date shall be deemed to have occurred on the
date set forth in Landlord's Completion Notice, subject to the right of Tenant to have such issue
resolved by Arbitration as provided in Paragraph J of this Article.
(b) Tenant specifically acknowledges and agrees that the Work Cos.
increase and there may be delay in completion of Tenant's Initial Work by rca.son O^(i)’subject tn
Paragraph (C) hereof, unreasonable delay or failure by Tenant in supplying information or giving
authorizations;(ii) interference by Tenant or Tenant’s contractors with the performance of
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