DELHI CENTER - GROUND LEASE-2000

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ARTICLE 5 CONSTRUCTION BY TENANT Section 5.01. Duty to Construct Tenant shall, in collaboration with Landlord, construct or cause to be constructed on the Premises, a Community Center in the manner and according to the terms and conditions specified in this Article. Section 5.02. Requirement of Landlord's Written Approval No structure or other improvement of any kind shall be constructed on the Premises unless and until the plans, specifications, and proposed location of that structure or improvement have been approved in writing by Landlord. Furthermore, no structure or other improvement shall be constructed on the Premises that does not comply with plans, specifications, and locations approved in writing by Landlord. Section 5.03. RESERVED Section 5.04. RESERVED Section 5.05. RESERVED Section 5.06. RESERVED Section 5.07. RESERVED Section 5.08. RESERVED Section 5.09. Time for Completion Tenant, together with Landlord, shall cause construction of the Community Center to be commenced in accordance with the schedule for completion, provided by the program manager, and shall cause construction of the Community Center to be diligently pursued without unnecessary interruption, and shall cause the Community Center to be completed and ready for occupancy not later than three years after commencement of its construction. The time of performance by either party hereunder shall be extended where delays are due to war; insurrection; strikes; lockouts; labor disputes; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation including, but not limited to, litigation challenging the validity of this transaction or any element thereof (except condemnation); severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor, or supplies; acts of the other party; acts or failure to act of the City or any other public or governmental agency or entity (other than acts or failure to act of the City shall not excuse performance by the City); or any other cause beyond the control, or without the fault of the party claiming an extension of time to perform; provided that notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Any such extension shall be for the duration of the cause of the delay. Section 5.10. RESERVED Section 5.11. RESERVED