Adjustment of Commencement Date. If the Commencement Date as determined in accordance with section 2.1 or section 2.2 hereof would not be the first day of the month and the Expiration Date would not be the last day of the month, then the actual Commencement Date shall be the first day of the next calendar month following the date so determined and the actual Expiration Date shall be the last day of the appropriate calendar month so the term of this Lease shall be the full term specified in the Basic Lease Information. The period of the fractional month between the date so determined and the actual Commencement Date shall be on and subject to all of the covenants in this Lease and, on the actual Commencement Date, Tenant shall pay to Landlord, as additional rent, the monthly Base Rent (based on the first month for which the Base Rent is to be paid) and the additional monthly rent payable under section 3.1 hereof, calculated on a per diem basis, for such period. Landlord and Tenant each shall, promptly after the actual Commencement Date and the actual Expiration Date have been determined, execute and deliver to the other a Memorandum Confirming Term in the form of Exhibit C attached hereto, which shall set forth the actual Commencement Date and the actual Expiration Date for this Lease, but the term of this Lease shall commence and end in accordance with this Lease whether or not the Memorandum Confirming Term is executed.
Adjustment of Commencement Date. The Landlord Work shall be deemed to be “Substantially Complete” on the date that all Landlord Work has been performed except for punch list items which do not prevent in any material way the use of the Premises for the purposes for which they were intended, and upon receipt of a Certificate of Occupancy.
Adjustment of Commencement Date. The Commencement Date shall be delayed by one (1) business day for each business day of actual delay in the design or construction of the tenant improvement work that is caused by any Force Majeure Delay or Landlord Delay. "Force Majeure Delay" shall mean any actual delay which is attributable to any: (i) actual, industry-wide strike, lockout or other labor or industrial disturbance, civil disturbance, act of the public enemy, war, riot, sabotage, blockade, or embargo; (ii) earthquake, fire, hurricane, tornado, flood, explosion, or other casualty beyond the control of the party for whom performance is required or of its contractors or other representatives. No Force Majeure Delay shall be deemed to have occurred unless and until the party claiming such Force Majeure Delay has provided written notice to the other party specifying the action or inaction that such notifying party contends constitutes a Force Majeure Delay. If such action or inaction is not cured within two (2) business days after receipt of such notice, then a Force Majeure Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date after such notice was received and continuing for the number of days the substantial completion of the Premises was in fact delayed as a direct result of such action or inaction.
Adjustment of Commencement Date. The adjustment of the Commencement Date and, accordingly, the postponement of Tenant’s obligation to pay Base Rent and other sums due hereunder shall be Tenant’s sole remedy and shall constitute full settlement of all claims that Tenant might otherwise have against Landlord by reason of the Leased Premises not being ready for occupancy by Tenant on the Projected Commencement Date. Promptly after the determination of the Commencement Date, Landlord and Tenant shall enter into a letter agreement (the “Tenant Estoppel”) on the form attached hereto as Exhibit E setting forth the Commencement Date, the Termination Date and any other dates that are affected by the adjustment of the Commencement Date. Notwithstanding anything herein to the contrary, Landlord may elect, by written notice to Tenant, not to adjust the Commencement Date as provided above if such adjustment would cause Landlord to be in violation of the existing rights granted to any other tenant of the Building. If Landlord elects not to adjust the Commencement Date, the Commencement Date shall be the Projected Commencement Date, provided that Base Rent and Additional Rent shall not commence until the date that the Leased Premises are delivered to Tenant, vacant and ready for occupancy.
Adjustment of Commencement Date. CONDITION OF THE PREMISES:
2.1 If Landlord cannot deliver possession of the Premises on the Commencement Date, Landlord shall not be subject to any liability nor shall the validity of the Lease be affected; provided, the Lease Term and the obligation to pay Rent shall commence on the date possession is tendered and the Expiration Date shall be extended commensurately. In the event the commencement date and/or the expiration date of this Lease is other than the Commencement Date specified in the Basic Lease Information, as the case may be, Landlord and Tenant shall execute a written amendment to this Lease, substantially in the form of Exhibit F hereto, wherein the parties shall specify the actual commencement date, expiration date and the date on which Tenant is to commence paying Rent. The word "Term" whenever used herein refers to the initial term of this Lease and any extension thereof. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises in good condition and state of repair. Tenant hereby acknowledges and agrees that neither Landlord nor Landlord's agents or representatives has made any representations or warranties as to the suitability, safety or fitness of the Premises for the conduct of Tenant's business, Tenant's intended use of the Premises or for any other purpose. Tenant agrees that at any time before or during the Term of this Lease, Landlord shall have the right to relocate Tenant from the Premises described herein to other space within the Park on substantially the same terms and conditions of this Lease provided the other space is of comparable size.
2.2 In the event Landlord permits Tenant to occupy the Premises prior to the Commencement Date, such occupancy shall be at Tenant's sole risk and subject to all the provisions of this Lease, including, but not limited to, the requirement to pay Rent and the Security Deposit, and to obtain the insurance required pursuant to this Lease and to deliver insurance certificates as required herein. In addition to the foregoing, Landlord shall have the right to impose such additional conditions on Tenant's early entry as Landlord shall deem appropriate. If, at any time, Tenant is in default of any term, condition or provision of this Lease, any such waiver by Landlord of Tenant's requirement to pay rental payments shall be null and void and Tenant shall immediately pay to Landlord all rental payments so waived by Landlord.
Adjustment of Commencement Date. If Landlord is unable to substantially complete the Finish Work and deliver possession of the Premises to Tenant on or before the Target Delivery Date specifically identified in Section 3.1 of the Lease as a result of any Tenant Delay, the Commencement Date shall be advanced by the number of days of Tenant Delay experienced by Landlord in order to substantially complete the Finish Work and deliver the Premises to Tenant. The length of any Tenant Delay shall be the actual number of days that the Finish Work is delayed, unless such Tenant Delay shall result from Tenant’s failure to act within the time periods expressly set forth in this Work Letter, in which case such Tenant Delay shall be deemed to be one day for each day measured from the date that Tenant was required to act as set forth herein until Tenant takes the required action. If claiming an acceleration of the Commencement Date hereunder on account of any Tenant Delay, Landlord shall notify Tenant in writing of Landlord’s claimed length of such Tenant Delay(s). Unless Tenant disputes Landlord’s estimate by written notice delivered to Landlord within such two (2) business day period, Landlord’s estimate shall be deemed the conclusive determination of the length of such Tenant Delay. Notwithstanding the foregoing, the parties agree that in the event of any Agreed Tenant Delay, the length of such Tenant Delay shall be as agreed upon in writing by the parties at the time such Tenant Delay arises.
Adjustment of Commencement Date. In the event Tenant cannot take possession of the entire Leased Premises on or before November 1, 2020 (“Commencement Date”), then:
a. The commencement date shall be the date Tenant occupies and takes possession of the Leased Premises in its entirety.
b. The parties hereto shall, by amendment to be executed in the same manner as the execution of this Lease, establish the correct Commencement Date and corresponding rent payable. If the Commencement Date is other than the first day of the month, the rent for the first month of occupancy shall be prorated to the product obtained by multiplying the monthly rent by a fraction, the numerator of which is the number of days in the month that the Leased Premises is occupied, and the denominator of which is the number of days in the applicable calendar month.
Adjustment of Commencement Date. CONDITION OF THE PREMISES. . . . . . . 4 3. RENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4.
Adjustment of Commencement Date. If the Commencement Date as determined in accordance with section 2.1 or section 2.2 hereof would not be the first day of the month and the Expiration Date would not be the last day of the month, then the Expiration Date shall be the last day of the calendar month in which the Expiration Date, as initially calculated falls. Tenant shall pay to Landlord, as additional rent, the monthly Base Rent (based on the first month for which the Base Rent is to be paid) and the additional monthly rent payable under section 3.1 hereof, calculated on a per diem basis, for the period of the fractional month between the Commencement Date and the end of the calendar month in which the Commencement Date falls. Landlord and Tenant each shall, promptly after the actual Commencement Date and the actual Expiration Date have been determined, execute and deliver to the other a Memorandum Confirming Term in the form of Exhibit C attached hereto, which shall set forth the actual Commencement Date and the actual Expiration Date for this Lease, but the term of this Lease shall commence and end in accordance with this Lease whether or not the Memorandum Confirming Term is executed.
Adjustment of Commencement Date. In the event Tenant cannot take possession of the entire Leased Premises on or before (“Commencement Date”), then:
a. The commencement date shall be the date Tenant occupies and takes possession of the Leased Premises in its entirety.
b. The parties hereto shall, by amendment to be executed in the same manner as the execution of this Lease, establish the correct Commencement Date and corresponding rent payable. If the Commencement Date is other than the first day of the month, the rent Payable in the first month of the Lease Term shall be prorated as follows:
(i) Calculate a daily rent amount by dividing the monthly rent by the number of days in the applicable calendar month; and
(ii) Multiply the daily rent amount by the number of days in the month that the Leased Premises are occupied.
