Commencement Date; Possession Clause Samples

Commencement Date; Possession. 5 Section 2.4. Title Insurance...................................... 5 Section 2.5. Nondisturbance and Attornment Agreement.............. 6 ARTICLE 3 RENT............................................................. 6 Section 3.1. Rent................................................. 6 Section 3.2. Rent Absolutely Net.................................. 9 Section 3.3. Option to Purchase................................... 10 Section 3.4. Nonsubordination..................................... 12

Commencement Date; Possession. 2.01 If Landlord is required to perform Landlord Work (defined in the Work Letter) prior to the Commencement Date: (a) the date set forth in Section 1.05 above as the Commencement Date shall instead be defined as the “Target Commencement Date”; (b) the actual Commencement Date shall be the date on which the Landlord Work is Substantially Complete (as defined in the Work Letter); and (c) the Expiration Date will be the last day of the Term as determined based upon the actual Commencement Date. Landlord’s failure to Substantially Complete the Landlord Work by the Target Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. If Landlord is delayed in the performance of the Landlord Work as a result of a Tenant Delay (as defined in the Work Letter), the Landlord Work shall be deemed to be Substantially Complete on the date that Landlord could reasonably have been expected to Substantially Complete the Landlord Work absent any Tenant Delay. It is further understood and agreed that if for any reason the Commencement Date occurs pursuant to the terms of this Lease on a day other than the first (1st) day of a calendar month, the period commencing on the Commencement Date and ending on the last day of the calendar month in which the Commencement Date occurs shall be an initial stub period which shall be added to the initial Term and Tenant shall pay all Rent (defined in Section 3 below) and other charges with respect to such stub period (on a prorated basis as referenced in Section 3 below) at the same rate applicable to the first (1st) full calendar month of this Lease. Following such stub period and commencing as of the first (1st) day of the first (1st) full calendar month following the month in which the Commencement Date occurs, Tenant shall commence the payment of Rent and other charges payable hereunder as if the initial Term had actually commenced on such date. The use of the stub period described above is intended to provide for ease of administration and calculation of all amounts owed hereunder, it being agreed that all rental adjustments will be determined as of the first (1st) day of a calendar month and the Term of the Lease will end as of the last day of a calendar month (unless earlier terminated pursuant to the terms hereof). 2.02 Subject to Landlord performing the required Landlord Work, the Premises are accepted by Tenant in “AS-IS” condition and configuration without any representations or warrantie...

Commencement Date; Possession 

Commencement Date; Possession. The Lease Term shall commence when all contingencies in Section 7 have been satisfied or waived and the Lessee and City have specified the “Commencement Date” in writing, as further described in Section 7.5.

Commencement Date; Possession. 2.3.1. The Term of this Lease shall commence on the Commencement Date as defined in Section 1 hereof. Possession of the Premises shall be delivered by Landlord and accepted by Tenant on the Possession Date. If the Commencement Date is delayed because of failure to complete any alteration or construction work or for any other reason not attributable to fault on the part of Tenant, or if Landlord is unable to deliver possession of the Premises on the Commencement Date by reason of the holding over of any prior tenant, Tenant shall not be required to commence payment of rent until the Commencement Date has occurred and Landlord has delivered possession of the Premises to Tenant. However, nothing set forth in this section will operate to extend the Lease Term and rent abatement will be the full extent of Landlord's liability to Tenant on account of the delay. Landlord shall determine the Commencement Date as provided in Section 1.1 and shall notify Tenant of the date so determined. Tenant shall, if Landlord so requests, thereafter execute a letter confirming the Commencement Date and the expiration date of this Lease. 2.3.2. Notwithstanding that the Commencement Date shall be established in the manner and on the date provided in this Section 2.3, Tenant and Landlord acknowledge and agree that this Lease is binding upon them as of the Execution Date, and all obligations of Tenant, other than the obligation to pay Rents, shall commence as of the Execution Date.

Commencement Date; Possession. By taking possession of the Premises, Tenant is deemed to have accepted the Premises and agreed that the Premises is in good order and satisfactory condition, with no representation or warranty by Landlord as to the condition of the Premises or the Building or suitability thereof for Tenant’s use.

Commencement Date; Possession. The initial Lease Term shall commence upon full execution of this Lease (the "Commencement Date"). Notwithstanding such commencement, Tenant shall not have possession of the Premises or be permitted to commence any construction until after the last to occur of: (a) Landlord's receipt of Tenant's grading plans for Tenant's contemplated construction, marked to show approval by the Architectural Committee of the Papago Park Center Association, (b) Landlord's receipt of evidence that the bond called for in Section 10.6 is in effect (unless such requirement has been waived as hereinafter provided), and (c) Tenant's delivery to Landlord of evidence of the insurance called for in subparts (A) and (C) of Section 5.1 below.

Commencement Date; Possession. 2.01 Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, upon all the terms, covenants and conditions contained in the Lease. Tenant acknowledges that Landlord has not made any representation or warranty with respect to the condition of the Premises, the Building or the Project with respect to the suitability or fitness of any of the same for the conduct of Tenant's Permitted Use, its business or for any other purpose. The "Rentable Area" or "rentable square feet" and "Usable Area" or "usable square feet" shall be calculated by Landlord provided, however, that in any case the Rentable Area of the Building (and the applicable buildings of the Project) shall include all of, and, with respect to the Building, the Rentable Area of the Premises shall include a portion of, the square footage of the ground floor common areas located within the Building and the other applicable building(s) of the Project, respectively, and the common area and occupied space of the portion of the Project dedicated to the service of the Building or such other building(s) of the Project, as the case may be. "Common Areas" shall mean the lobby, plaza and sidewalk areas, accessways, Parking Facilities, and the area on individual floors in the Building or other building(s) of the Project, as applicable, whether indoor or outdoor, devoted to corridors, fire vestibules, elevators, foyers, lobbies, electric and telephone closets, restrooms, mechanical rooms, janitor's closets, and other similar facilities for the benefit of all tenants and invitees and shall also mean those areas of the Building or other building(s) of the Project, as applicable, devoted to mechanical and service rooms servicing the Building or other building(s) of the Project, as applicable. Tenant acknowledges that it has reviewed the detail of the Rentable Area and Usable Area of the Premises prior to execution of this Lease and understands and agrees to the methodology. The Common Areas shall be subject to the exclusive management and control of Landlord, and Tenant shall comply with all Rules and Regulations pertaining to the Common Areas. Landlord shall have the right from time to time to designate, and in its reasonable discretion, relocate and limit the use of particular areas or portions of the Common Areas; provided Landlord shall use commercially reasonable efforts to notify Tenant at least five (5) calendar days in advance of any such material relocation or limita...

Commencement Date; Possession. The Lease Term shall commence, and Tenant shall be entitled to take possession of the Premises on the Commencement Date, as that term is defined above. Landlord shall not have any obligation or duty whatsoever to perform, or cause to be performed any improvements to the Premises prior to or after the Commencement Date except as expressly set forth herein, and Tenant agrees to take possession of the Premises in the condition they are in on the Commencement Date without improvements being made thereto as provided in Section 3.B, below.