Common use of Beneficial Occupancy Clause in Contracts

Beneficial Occupancy. Notwithstanding any provision to the contrary contained in this Lease, Tenant shall have the right to occupy all or any portion of the Premises for the conduct of its business prior to the Lease Commencement Date, provided that (i) Tenant shall give Landlord at least three (3) days prior written notice of any such occupancy for the conduct of its business, (ii) governmental approval (including permit “sign-offs”) permitting the occupancy of the Premises by Tenant shall have been issued by the appropriate governmental authorities for each such portion to be occupied, (iii) Tenant shall have delivered to Landlord satisfactory evidence of the insurance coverage required to be carried by Tenant in accordance with Article 10 below with respect to the applicable portion of the Premises, and (iv) all of the terms and conditions of this Lease shall apply, other than Tenant’s obligation to pay Base Rent and Tenant’s Share of Building Direct Expenses (as defined below), as though the Lease Commencement Date had occurred (although the Lease Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of Section 2.1). 2.3

Beneficial Occupancy. Notwithstanding any provision to the contrary contained in this Lease, Tenant shall have the right to occupy all or any portion of the Premises for the conduct of its business prior to the Lease Commencement Date, provided that (i) Tenant shall give Landlord at least three (3) days days’ prior written notice of any such occupancy for the conduct of its business, (ii) governmental approval (including permit “sign-offs”) permitting the occupancy of the Premises by Tenant shall have been issued by the appropriate governmental authorities for each such portion to be occupied, (iii) Tenant shall have delivered to Landlord satisfactory evidence of the insurance coverage required to be carried by Tenant in accordance with Article 10 below with respect to the applicable portion of the Premises, and (iv) all of the terms and conditions of this Lease shall apply, other than Tenant’s obligation to pay Base Rent and Tenant’s Share of Building Direct Expenses (as defined below), as though the Lease Commencement Date had occurred (although the Lease Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of Section 2.1). 2.3.

Beneficial Occupancy. Notwithstanding any provision the Lease Commencement Date, Landlord shall deliver possession of the Premises to the contrary contained in this LeaseTenant, and Tenant shall have the right to occupy all or any portion the Premises, commencing on the second (2nd) business day following the later to occur of the Premises for the conduct of its business prior to the Lease Commencement Date, provided that (i) Tenant shall give Landlord at least three (3) days prior written notice the full execution and delivery of any such occupancy for this Lease between the conduct of its businessparties, (ii) governmental approval (including permit “sign-offs”) permitting the occupancy Tenant’s delivery to Landlord of the Premises by Tenant shall have been issued by Security Deposit required pursuant to Section 8 of the appropriate governmental authorities for each such portion to be occupiedSummary and Article 21 of this Lease, (iii) Tenant shall have delivered Tenant’s delivery to Landlord satisfactory of the evidence of the insurance coverage required pursuant to be carried by Tenant in accordance with Article 10 below with respect to the applicable portion Section 10.4 of the Premisesthis Lease, and (iv) Tenant’s delivery of written notification to Landlord of the satisfaction of the “Condition Precedent,” as that term is set forth in Section 2.4, below, or Tenant’s waiver of the same; provided, however, in connection with such period of beneficial occupancy, all of the terms and conditions of this Lease shall apply, apply (other than Tenant’s obligation to pay Base Rent and Tenant’s Share of Building Direct Expenses (as defined belowRent), as though the Lease Commencement Date had occurred (although the Lease Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of Section 2.1November 1, 2005). 2.3.

Beneficial Occupancy. Notwithstanding any provision to the contrary contained in this Lease, if Tenant substantially completes the Tenant Improvements (as defined below) prior to the Lease Commencement Date, then Tenant shall have the right to occupy all or any portion of the Premises for the conduct of its business prior to the Lease Commencement Date, PARK PLACE AT BAY XXXXXXX ZS Pharma, Inc. provided that (i) Tenant shall give Landlord at least three ten (310) days days’ prior written notice of any such occupancy for the conduct of its business, (ii) governmental approval (including permit “sign-offs”) permitting the occupancy of the Premises by Tenant shall have been issued by the appropriate governmental authorities for each such portion to be occupied, (iii) Tenant shall have delivered to Landlord satisfactory evidence of the insurance coverage required to be carried by Tenant in accordance with Article 10 below with respect to the applicable portion of the Premisesbelow, and (iv) all of the terms and conditions of this Lease shall apply, other than Tenant’s obligation to pay Base Rent and Tenant’s Share of Building Direct Expenses (as defined below), as though the Lease Commencement Date had occurred (although the Lease Commencement Date shall not actually occur until the occurrence of the same pursuant to the terms of Section 2.1). 2.3.