(4) Time of the Essence. Time is of the essence in connection with Tenants obligations under this Section 1.1.
(B) Substantial Completion; Tenant Delay.
(1) Landlords Obligations. Subject to delays due to Tenant Delays (as hereinafter defined) and delays due to Force Majeure, as defined in Section 6.1 of the Lease, Landlord shall use reasonable speed and diligence to have the Landlords Work substantially completed on or before the October 1, 2009, but Tenant shall have no claim against Landlord for failure so to complete construction of Landlords Work in the Premises, except for the right to terminate the Lease, without further liability to either party, in accordance with the provisions hereinafter specified in Section 1.2 of this Work Agreement.
(2) Definition of Substantial Completion. The Premises shall be Substantially Complete and be deemed ready for Tenants occupancy on the later of:
(a) The date on which Landlords Work, together with common facilities for access and services to the Premises, has been completed (or would have been completed except for Tenant Delay) except for items of work and adjustment of equipment and fixtures which can be completed without causing substantial interference with Tenants use of the Premises (i.e. so-called punch list items), or
(b) The date when a certificate of occupancy, has been approved for issuance by the City of Waltham for occupancy by Tenant of the Premises for the Permitted Use (to the extent necessary), unless the failure to obtain such approval is due solely to a Tenant Delay.
In the event of any dispute as to the date on which Landlords Work has been completed, the reasonable determination of Landlords architect as to such date shall be deemed conclusive and binding on both Landlord and Tenant.
(3) Incomplete Work. Landlord shall complete as soon as conditions practically permit any punch-list items of Landlords Work, and Tenant shall cooperate with Landlord in providing access as may be required to complete such work in a normal manner.
(4) Early Access by Tenant. To the extent possible, Landlord shall permit Tenant access for installing Tenants trade fixtures, cabling and wiring in portions of the Premises prior to substantial completion when it can be done without material interference with remaining work or with the maintenance of harmonious labor relations. Any such access by Tenant