CSU FULLERTON (FORMERLY FULLERTON FOUNDATION)-2011

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(g) Tenant inspection. Tenant shall retain the right to inspect the construction activity at any time_ Such right of inspection shall not be construed to be a responsibility to inspect_ Responsibility for inspection and compliance with all codes and ordinances shall remain with the Landlord. Should Tenant decide to undertake such inspection, it will be done at Tenants sole expense. Landlord shall inform Tenant on a regular basis regarding construction progress and shall meet with Tenant as necessary to address and resolve any concerns on the part o£ either party. When construc- tion of the improvements is substantially complete, Landlord shall notify Tenant in writing. Within 30 days after the date of Landlord's written notice, Tenant shall inspect the Premises and shall prepare a "punchlist" o£ all items Tenant considers either defective or not completed. Landlord shall cause all corrective work identified on the punchlist to be performed that, in the reasonable opinion of Landlord, is necessary to bring the construc- tion in substantial con£ormande with the Final Plans. If Tenant fails to deliver a punchlist to Landlord within the time period required by this section, Tenant sha11 be deemed to have inspected the Premises and accepted construction in the condition when inspected by Tenant. (h) Completion o£ construction defined. The improvement of the Premises shall be deemed completed and ready for occupancy by Tenant when a Certificate o£ Occupancy for the Premises as improved has been issued by the City`s Planning and Building Agency and Landlord has given Tenant written notice of the issuance of such a certificate_ 4. TERM (a) Commencement Date. This Lease shall commence on the July 1, 1996, in the event that Landlord 'is- able to complete the construction o£ the improvement of the Premises, as defined in paragraph (h) of section 3 of this Agreement, be£orc such date_ Otherwise, this Lease shall commence The date on which the lease commences pursuant to is paragraph is hereafter referred to as the "Commencement Date.•' In the event that Landlord has not completed the improvement of the Premises by July 1, 1997 (or such later date as may be established for the completion of construction pursuant to section 3 of this Agr(--ement), Tenant may, at its sole option, terminate this Agreement, but Landlord shall not be liable to Tenant for damages for failure to complete the improvement o£ the Premises by such date.