Common use of 1270 Space Clause in Contracts

1270 Space. The 1270 Space, including the mechanical room located in the 1270 Space as shown on Exhibit A-2 (the “Mechanical Space”) shall be delivered to Tenant on the date which is the later of (i) the Commencement Date and (ii) the date which is 120 days following the Execution Date (the “1270 Delivery Date”). If, for any reason whatsoever, there shall be a delay in the delivery of possession of the 1270 Space to Tenant, neither Landlord nor Landlord’s Agent shall have any liability for such delay and the Rent Commencement Date shall not be affected thereby, except that (A) for each day that Landlord fails to deliver the 1270 Space following the 1270 Delivery Date, the Rent Commencement Date (with respect to the 1270 Space only) shall be postponed by one (1) day; provided that such 1-day postponement shall not apply to the extent that any such delay in delivery was due to a Tenant Delay and (B) for each day that Landlord fails to deliver the 1270 Space following the 60th day after the 1270 Delivery Date, then the Rent Commencement Date (with respect to the 1270 Space only) shall be postponed, in addition to the postponement under clause (A) above, by one (1) additional day; provided that such additional 1-day postponement shall not apply to the extent that any such delay in delivery was due to a Tenant Delay or an Unavoidable Delay. For purposes hereof, the Fixed Rent attributable to the 1270 Space shall be computed at the rate of ***** per square foot per annum. Any installations and equipment remaining in the Mechanical Space after the 1270 Delivery Date shall be deemed abandoned by Landlord and Tenant may, at its option, either retain or dispose of such equipment. If the date on which Landlord anticipates delivering the 1270 Space to Tenant is later than the 1270 Delivery Date, Landlord shall provide Tenant with not less than five (5) Business Days’ notice of the date (the “1270 Space Availability Date”) on which Landlord anticipates delivering possession of the 1270 Space to Tenant. If such 1270 Space Availability Date is postponed, Landlord shall notify Tenant and shall specify in such notice the new anticipated 1270 Space Availability Date.

1270 Space. The 1270 Space, including the mechanical room located in the 1270 Space as shown on Exhibit A-2 (the “Mechanical Space”) shall be delivered to Tenant on the date which is the later of (i) the Commencement Date and (ii) the date which is 120 days following the Execution Date (the “1270 Delivery Date”). If, for any reason whatsoever, there shall be a delay in the delivery of possession of the 1270 Space to Tenant, neither Landlord nor Landlord’s Agent shall have any liability for such delay and the Rent Commencement Date shall not be affected thereby, except that (A) for each day that Landlord fails to deliver the 1270 Space following the 1270 Delivery Date, the Rent Commencement Date (with respect to the 1270 Space only) shall be postponed by one (1) day; provided that such 1-day postponement shall not apply to the extent that any such delay in delivery was due to a Tenant Delay and (B) for each day that Landlord fails to deliver the 1270 Space following the 60th day after the 1270 Delivery Date, then the Rent Commencement Date (with respect to the 1270 Space only) shall be postponed, in addition to the postponement under clause (A) above, by one (1) additional day; provided that such additional 1-day postponement shall not apply to the extent that any such delay in delivery was due to a Tenant Delay or an Unavoidable Delay. For purposes hereof, the Fixed Rent attributable to the 1270 Space shall be computed at the rate of [***** *] per square foot per annum. Any installations and equipment remaining in the Mechanical Space after the 1270 Delivery Date shall be deemed abandoned by Landlord and Tenant may, at its option, either retain or dispose of such equipment. If the date on which Landlord anticipates delivering the 1270 Space to Tenant is later than the 1270 Delivery Date, Landlord shall provide Tenant with not less than five (5) Business Days’ notice of the date (the “1270 Space Availability Date”) on which Landlord anticipates delivering possession of the 1270 Space to Tenant. If such 1270 Space Availability Date is postponed, Landlord shall notify Tenant and shall specify in such notice the new anticipated 1270 Space Availability Date.