Common use of COMMENCEMENT OF POSSESSION Clause in Contracts

COMMENCEMENT OF POSSESSION. If the Landlord shall be unable to give possession of the Premises on the date of the commencement of the term hereof because the Premises shall not be ready for occupancy, the Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances, unless the delay is the fault of Tenant, the Rent shall not commence until the Premises are ready for occupancy by the Tenant, and in such event, the beginning and termination dates of the term hereof shall be adjusted accordingly, which adjustment will be evidenced by notice from Landlord to Tenant setting forth the adjusted beginning and termination dates. If, at Tenant’s request the Landlord shall make the Premises available to Tenant prior to the date of commencement of the term for the purpose of decorating, furnishing, and equipping the Premises, the use of the Premises for such work shall not create a Landlord-Tenant relationship between the parties, nor constitute occupancy of the Premises within the meaning of the next sentence, but the provisions of Section 6 of this Lease shall apply. If, with the consent of Landlord, the Tenant shall enter into occupancy of the Premises to do business therein prior to the date of commencement of the term, all provisions of this Lease, including but not limited to the date for expiration of the term thereof, shall apply and the rent shall accrue and be payable at the first rate specified in Paragraph (a) of Section I from the date of occupancy.

COMMENCEMENT OF POSSESSION. If the Landlord shall be unable to give possession of the Premises on the date of the commencement of the term hereof because the Premises shall not be ready for occupancy, the Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances, unless the delay is the fault of Tenant, the Rent shall not commence until the Premises are ready for occupancy by the Tenant, and in such event, the beginning and termination dates of the term hereof shall be adjusted accordingly, which adjustment will be evidenced by notice from an agreement signed by Landlord to and Tenant setting forth the adjusted beginning and termination dates. If, at Tenant’s 's request the Landlord shall make the Premises available to Tenant prior to the date of commencement of the term for the purpose of decorating, furnishing, and equipping the Premises, the use of the Premises for such work shall not create a Landlord-Tenant relationship between the parties, nor constitute occupancy of the Premises within the meaning of the next sentence, but the provisions of Section 6 of this Lease shall apply. If, with the consent of Landlord, the Tenant shall enter into occupancy of the Premises to do business therein prior to the date of commencement of the term, term all provisions of this Lease, including but not limited to the date for expiration of the term thereof, shall apply and the rent shall accrue and be payable at the first rate specified in Paragraph (a) of Section I from the date of occupancy.

COMMENCEMENT OF POSSESSION. If the Landlord shall be unable to give possession of the Premises on the date Commencement Date of the commencement of the term Term hereof because the Premises shall not be ready for occupancy, the Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances, unless the delay is the fault of Tenant, the Rent shall not commence until the Premises are ready for occupancy by the Tenant, and in such event, the beginning and termination dates of the term Term hereof shall be adjusted accordingly, which adjustment will be evidenced by notice from an agreement signed by Landlord to and Tenant setting forth the adjusted beginning and termination dates. If, If at Tenant’s 's request the Landlord shall make the Premises available to Tenant prior to the date of commencement Commencement Date of the term Term for the purpose of decorating, furnishing, furnishing and equipping the Premises, the use of the Premises for such work shall not create a Landlord-Tenant relationship between the parties, nor constitute occupancy of the Premises within the meaning of the next sentence, but the provisions of Section 6 9 of this Lease shall apply. If, with the consent of Landlord, the Tenant shall enter into occupancy of the Premises to do business therein prior to the date of commencement Commencement Date of the termTerm, all provisions of this Lease, including but not limited to the date for expiration of the term thereofTerm hereof, shall apply and the rent Rent shall accrue and be payable at the first rate specified in Paragraph (a) of Section I 2.1 from the date of occupancy.

COMMENCEMENT OF POSSESSION. If the Landlord Leased Premises are not Substantially Complete (as defined in Schedule 5 attached), by the scheduled Lease Commencement Date, subject only to items which do not materially affect the use thereof, then the Lease Commencement Date shall be unable extended to give possession of the Premises on the date of five (5) days afterLandlord shall notify Tenant that the commencement of the term hereof because the Premises shall not be ready for occupancy, the Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances, unless the delay is the fault of Tenant, the Rent shall not commence until the Leased Premises are ready for occupancy. If Landlord fails to cause the Leased Premises to be ready for occupancy by at the Tenant, and in such event, the beginning and termination dates time of the term hereof shall be adjusted accordinglyscheduled Lease Commencement Date, which adjustment will be evidenced by notice from Landlord to Tenant setting forth the adjusted beginning and termination dates. If, at Tenant’s request the Landlord shall make the Premises available to Tenant prior to the date of commencement of the term for the purpose of decorating, furnishing, and equipping the Premises, the use of the Premises for such work shall not create a Landlord-Tenant relationship between the parties, nor constitute occupancy of the Premises within the meaning of the next sentence, but the provisions of Section 6 of this Lease shall apply. If, with the consent of Landlord, the Tenant shall enter into occupancy of the Premises to do business therein prior to the date of commencement of the term, all provisions of this Lease, including but not limited to the date for expiration of the term thereof, shall apply and the rent shall accrue and be payable at the first rate specified in Paragraph (a) neither Landlord nor Landlord's agents, officers, employees or contractors shall be liable for any damage, loss, liability or expense caused thereby, (b) nor shall this Lease become void or voidable unless such failure continues for more than one hundred twenty (120) days, in which case, Tenant shall have the right to terminate this Lease upon twenty (20) days' prior written notice to Landlord; provided that the time for Landlord to perform shall be extended by any delay caused by Tenant, as identified in the Work Letter Agreement, and force majeure events. Landlord acknowledges and agrees that in the event the Lease Commencement Date occurs after the Scheduled Commencement Date (except as a result of Section I from delays caused by Tenant, as identified in the date Work Letter Agreement), there will be no reduction in Tenant's free Rent, as provided for in Schedule 7. Prior to occupying the Leased Premises, Tenant shall execute and deliver to Landlord a letter in the form attached as Schedule 6, acknowledging the Lease Commencement Date and certifying that the Leasehold Improvements have been substantially completed and that Tenant has examined and accepted the Leased Premises. Tenant hereby authorizes an officer of occupancyTenant who receives the keys to the Leased Premises on behalf of Tenant to execute and deliver such letter in Tenant's name. If Tenant fails to deliver such letter, Tenant shall conclusively be deemed to have made such acknowledgement and certification by accepting the keys to the Premises.

COMMENCEMENT OF POSSESSION. If the Landlord shall be unable to give possession of the Leased Premises on the date of the commencement of the term hereof because by reason of the fact that the premises are located in a building being constructed and which has not been sufficiently completed to make the Leased Premises shall not be ready for occupancyoccupancy or by reason of the fact that a certificate of occupancy for general office use has not been obtained or if Landlord is unable to give possession of the Leased Premises on the date of commencement of the term hereof by reason of holding over or retention of possession of any tenant or occupant, or if repairs, improvements or decoration of the Leased Premises, or of the Building, are not completed, or for any other reason, Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances, unless the delay is the fault of Tenant, the Rent rent reserved and covenanted to be paid herein shall not commence until possession of the Leased Premises is given or the Leased Premises are ready available for occupancy by the Tenant, and in no such event, the beginning and termination dates of the term hereof shall be adjusted accordingly, which adjustment will be evidenced by notice from Landlord failure to Tenant setting forth the adjusted beginning and termination dates. If, at Tenant’s request the Landlord shall make the Premises available to Tenant prior to give possession on the date of commencement of the term shall in any other respect affect the validity of this Lease or the obligations of Tenant hereunder. However, if by the scheduled commencement date the Leased Premises are not ready for the purpose of decorating, furnishing, and equipping the PremisesTenant's occupancy, the use of the Premises for such work shall not create a Landlord-Tenant relationship between the parties, nor constitute occupancy of the Premises within the meaning of the next sentence, but the provisions of Section 6 expiration date of this Lease shall applybe extended for the number of days that elapse between such date and the date possession of the Leased Premises fully completed and ready for occupancy is tendered to Tenant, or as soon thereafter as the space is ready for occupancy. If, with the consent of Landlord, the If permission is given to Tenant shall to enter into occupancy the possession of the Leased Premises or to do business therein occupy premises other than the Leased Premises prior to the date of specified as the commencement of the termterm of this Lease, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this Lease, including but not limited to the date for expiration of the term thereof, shall apply and the rent shall accrue and be payable at the first rate specified in Paragraph (a) of Section I from the date of occupancy.

COMMENCEMENT OF POSSESSION. If the Landlord shall be unable to give possession of the Premises on the date of the commencement of the term hereof because the Premises shall not be ready for occupancy, the Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances, unless the delay is the fault of the Tenant, the Rent shall not commence until the Premises are ready for occupancy by the Tenant, and in such event, the beginning and termination dates of the term hereof shall be adjusted accordingly, which adjustment will be evidenced by notice from an agreement signed by Landlord to and Tenant setting forth the adjusted beginning and termination dates. If, at Tenant’s 's request the Landlord shall make the Premises available to Tenant prior to the date of commencement of the term for the purpose of decorating, furnishing, and equipping the Premises, the use of or the Premises for such work shall not create a Landlord-Tenant relationship between the parties, nor constitute occupancy of the Premises within the meaning of the next sentence, but the provisions of Section 6 9 of this Lease shall apply. If, with the consent of Landlord, the Tenant shall enter into occupancy of the Premises to do business therein prior to the date of commencement of the term, all provisions of this Lease, including but not limited to the date for expiration of the term thereofhereof, shall apply and the rent Base Rent shall accrue and be payable at the first rate specified in Paragraph (aSection 2(a) of Section I from the date of occupancy.

COMMENCEMENT OF POSSESSION. If the Landlord shall be unable to give possession of the Premises on the date of the commencement of the term hereof because the Premises shall not be ready for occupancy, the Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances, unless the delay is the fault of the Tenant, the Rent shall not commence until the Premises are ready available for occupancy by the Tenant, and in no such event, failure to give possession on the beginning and termination dates date of commencement of the term hereof shall in any wise affect the validity of this lease or the obligations of the Tenant hereunder and shall not be adjusted accordingly, which adjustment will be evidenced by notice from Landlord construed in any wise to Tenant setting forth extend the adjusted beginning and termination datesterm of this lease. If, at the Tenant’s request 's request, the Landlord shall make the Premises available to the Tenant prior to the date of commencement of the term for the purpose of decorating, furnishing, furnishing and equipping the Premises, the use of the Premises for such work shall not create a Landlord-Tenant relationship between the parties, nor constitute occupancy be subject to all terms and conditions of the Premises within the meaning of the next sentenceLease except Rent, but the provisions as defined m Paragraph (b) of Section 6 of this Lease shall apply1. If, with the consent of the Landlord, the Tenant shall enter into occupancy of the Premises to do business therein prior to the date of commencement of the term, all provisions of this Lease, including but not limited to the date for expiration of the term thereof, lease shall apply and the rent Rent shall accrue and be payable at the first rate specified in Paragraph (a) of Section I 1 from the date of occupancy.

COMMENCEMENT OF POSSESSION. If the Landlord shall be unable to give possession of the Premises on the date of the commencement of the term hereof because the Premises shall not be ready for occupancy, the Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances, unless the delay is the fault of the Tenant, the Rent shall not commence until the Premises are ready available for occupancy by the Tenant, and in no such event, failure to give possession on the beginning and termination dates date of commencement of the term hereof shall in any wise affect the validity of this lease or the obligations of the Tenant hereunder, nor shall same be adjusted accordingly, which adjustment will be evidenced by notice from Landlord construed in any wise to Tenant setting forth extend the adjusted beginning and termination datesterm of this lease. If, at the Tenant’s request 's request, the Landlord shall make the Premises available to the Tenant prior to the date of commencement of the term for the purpose of decorating, furnishing, furnishing and equipping the Premises, the use of the Premises for such work shall not create a Landlordlandlord-Tenant tenant relationship between the parties, parties nor constitute occupancy of the Premises within the meaning of the next sentence, but the provisions of Section 6 III of this Lease lease shall apply. If, with the consent of the Landlord, the Tenant shall enter into occupancy of the Premises to do business therein prior to the date of commencement of the term, all provisions of this Lease, including but not limited to the date for expiration of the term thereof, lease shall apply and the rent Rent shall accrue and be payable at the first rate specified in Paragraph (a) of Section I II. from the date of occupancy.

COMMENCEMENT OF POSSESSION. If the Landlord shall be unable to give possession of the Premises Property on the date of the commencement of the term hereof or about August 1, 1989 because the Premises Property shall not be ready for occupancy, the Landlord shall not be subject to any liability for the failure to give tender possession on said date. Under such circumstances, unless the delay is the fault of Tenant, the Base Rent shall not commence until the Premises are Property is ready for occupancy by the Tenant, and in such event, the beginning Commencement Date and termination dates date of the term hereof shall be adjusted accordingly, which adjustment will be evidenced by notice from an agreement signed by Landlord to and Tenant setting forth the adjusted beginning commencement and termination dates, subject, however, to Tenant's option to terminate this Lease pursuant to Section 2 above if the Property is not timely delivered to Tenant for Tenant's beneficial occupancy, unless delay is caused by Tenant. If, at Tenant’s request the 's request, Landlord shall make the Premises Property available to Tenant prior to the date of commencement of the term for the purpose of decorating, furnishing, and furnishing or equipping the PremisesProperty, the use of the Premises Property for such work shall not create a Landlord-Tenant landlord/tenant relationship between the parties, nor or constitute occupancy of the Premises Property within the meaning of the next sentence, but the provisions of Section 6 Sections 20 and 31 of this Lease shall apply. If, with the consent of Landlord, the Tenant shall enter into occupancy of the Premises Property to do business therein prior to 42 43 the date of commencement of the term, all provisions of this Lease, including but not limited to the date for expiration of the term thereofhereof, shall apply and the rent Base Rent and other charges payable by Tenant hereunder shall accrue and be payable at the first rate specified in Paragraph (a) of Section I from the date of occupancy.