Common use of COMMENCEMENT OF POSSESSION Clause in Contracts

COMMENCEMENT OF POSSESSION. If the Leased Premises are not substantially completed by the scheduled Lease Commencement Date then the Lease Commencement Date shall be extended to a date five (5) days after Landlord shall notify Tenant that the Leased Premises are ready for occupancy. In such an event the Lease Expiration Date shall be extended by one (1) full calendar month for each calendar month, or portion thereof, by which the Lease Commencement Date is so extended. If Landlord fails to cause the Leased Premises to be ready for occupancy at the time of the scheduled Lease Commencement Date, Landlord and Landlord's agents, officers, employees, or contractors shall not be liable for any damage, loss, liability or expense caused thereby, and this Lease shall not become void or voidable. Prior to occupying the Leased Premises, Tenant shall execute and deliver to Landlord a letter in the form attached as Schedule 4, acknowledging the Lease Commencement Date and certifying that the Improvements have been substantially completed and that Tenant has examined and accepted the Leased Premises. If Tenant fails to deliver such letter, Tenant shall conclusively be deemed to have made such acknowledgment and certification by occupying the Leased Premises.

COMMENCEMENT OF POSSESSION. If the Leased Premises are not substantially completed by the scheduled Lease Commencement Date then the Lease Commencement Date shall be extended to a date five (5) 5 days after Landlord shall notify Tenant in writing that the Leased Premises are ready for occupancy. In such an event the Lease Expiration Date shall be extended by one (1) full calendar month for each calendar month, or portion thereof, by which remain the Lease Commencement Date is so extendedsame. If Landlord fails to cause the Leased Premises to be ready for occupancy at the time of the scheduled Lease Commencement Date, Landlord and Landlord's agents, officers, employees, or contractors shall not be liable for any damage, loss, liability or expense caused thereby, and this Lease shall not become void or voidablevoidable unless such failure continues for more than 90 days, in which case Tenant may terminate this Lease upon 20 days written notice to Landlord. Prior to occupying the Leased Premises, Tenant shall execute and deliver to Landlord a letter in the form attached as Schedule 47, acknowledging the Lease Commencement Date and certifying that the Improvements have been substantially completed and that Tenant has examined and accepted the Leased Premises. If Tenant fails to deliver such letter, Tenant shall conclusively be deemed to have made such acknowledgment and certification by occupying the Leased Premises.

COMMENCEMENT OF POSSESSION. If the Leased Premises are not substantially completed by the scheduled Lease Commencement Date then the Lease Commencement Date shall be extended to a date five (5) 5 days after Landlord shall notify Tenant that the Leased Premises are ready for occupancy. In such an event occupancy and the Lease Expiration Date shall be extended by one (1) full calendar month for each calendar month, or portion thereof, by which the Lease Commencement Date is so extendedadjusted accordingly. If Landlord fails to cause the Leased Premises to be ready for occupancy at the time of the scheduled Lease Commencement Date, Landlord and Landlord's agents, officers, employees, or contractors shall not be liable for any damage, loss, liability or expense caused thereby, and this Lease shall not become void or voidablevoidable unless such failure continues for more than 120 days, in which case Tenant may terminate this Lease upon 20 days written notice to Landlord. Prior to occupying the Leased Premises, Tenant shall execute and deliver to Landlord a letter in the form attached as Schedule 47, acknowledging the Lease Commencement Date and certifying that the Improvements improvements have been substantially completed and that Tenant has examined and accepted the Leased Premises. If Tenant fails to deliver such letter, Tenant shall conclusively be deemed to have made such acknowledgment and certification by occupying the Leased Premises.9 ARTICLE FIVE PROJECT SERVICES

COMMENCEMENT OF POSSESSION. If the Leased Premises are not substantially completed by the scheduled Lease Commencement Date then the Lease Commencement Date shall be extended to a date five (5) 5 business days after Landlord shall notify Tenant that the Leased Premises are ready for occupancy. In such an event the Lease Expiration Date shall be extended by one (1) full calendar month for each calendar month, or portion thereof, by which remain the Lease Commencement Date is so extendedsame. If Landlord fails to cause the Leased Premises to be ready for occupancy at the time of the scheduled Lease Commencement Date, Landlord and Landlord's agents, officers, employees, or contractors shall not be liable for any damage, loss, liability or expense caused thereby, and this Lease shall not become void or voidablevoidable unless such failure continues for more than 120 days, in which case Tenant may terminate this Lease upon 20 days written notice to Landlord. Prior to occupying the Leased Premises, Tenant shall execute and deliver to Landlord a letter in the form attached as Schedule 47, acknowledging the Lease Commencement Date and certifying that the Improvements have been substantially completed and that Tenant has examined and accepted the Leased Premises. If Tenant fails to deliver such letter, Tenant shall conclusively be deemed to have made such acknowledgment acknowledgement and certification by occupying the Leased Premises, except for mutually agreed punch list items.

COMMENCEMENT OF POSSESSION. If the Leased Premises are not substantially completed complete by the scheduled Lease Commencement Date Date, subject only to items which do not materially affect the use thereof, then the Lease business Commencement Date shall be extended to a the date five (5) 5 business days after Landlord shall notify Tenant that the Leased Premises are ready for occupancy. In such an event the Lease Expiration Date shall be extended by one (1) full calendar month for each calendar month, or portion thereof, by which remain the Lease Commencement Date is so extendedsame. If Landlord fails to cause the Leased Premises to be ready for occupancy at the time of the scheduled Lease Commencement Date, (i)neither Landlord and nor Landlord's agents, officers, employees, or contractors shall not be liable for any damage, loss, liability or expense caused thereby, and (ii) nor shall this Lease shall not become void or voidablevoidable unless such failure continues for more than 180 days, in which case Tenant may terminate this Lease upon 20 days written notice to Landlord. Prior to occupying the Leased Premises, Tenant shall execute and deliver to Landlord a letter in the form attached as Schedule 4SCHEDULE 7, acknowledging the Lease Commencement Date and certifying that the Improvements have been substantially completed and that Tenant has examined and accepted the Leased Premises. Tenant hereby authorizes any agent or employee 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 acknowledgment and certification by occupying the Leased Premises.

COMMENCEMENT OF POSSESSION. If Tenant acknowledges that Landlord’s Work as set forth in the Leased Premises are Workletter may not substantially be completed by the scheduled Lease estimated Commencement Date then the Lease Commencement Date of February 1, 2009, and that this circum­stance shall be extended to a date five (5) days after not make Landlord shall notify Tenant that the Leased Premises are ready for occupancy. In such an event the Lease Expiration Date shall be extended by one (1) full calendar month for each calendar month, or portion thereof, by which the Lease Commencement Date is so extended. If Landlord fails to cause the Leased Premises to be ready for occupancy at the time of the scheduled Lease Commencement Date, Landlord and Landlord's agents, officers, employees, its agents or contractors shall not be liable for any damage, loss, liability or expense caused Tenant thereby. Notwithstanding the above, if Landlord fails to Substantially Complete (as defined in the Work­letter) the Landlord’s Work by March 1, 2009 for reasons other than force majeure and/or Tenant Delay, then Landlord shall reimburse Tenant for Tenant’s holdover rent (less the amount of Tenant’s regular rent) in Tenant’s current premises, which reimburse­ment shall not exceed the aggregate sum of $6,000.00 for each month or partial month between March 1, 2009 and the Commencement Date. In addition, if Landlord fails to Substantially Complete the Landlord’s Work by April 1, 2009, for reasons other than force majeure and/or Tenant Delay, then Tenant shall have the right to terminate this Lease by written notice delivered to Landlord after April 1, 2009 and before Substantial Completion of the Landlord’s Work, provided, however, that Tenant’s termination notice shall be deemed rescinded and of no effect if Landlord’s Work is Substantially Completed within the fourteen (14) days following Landlord’s receipt of Tenant’s termination notice. Tenant may not terminate the Lease pursuant to this paragraph unless it has paid all sums that Tenant was required to have paid to Landlord under the Work­letter or other provisions of this Lease. Within ten (10) business days following termination of the Lease pursuant to this paragraph, Landlord shall refund to Tenant the sums paid by Tenant to Landlord under the Work­letter. As used in this Lease, “force majeure” shall mean any fire, casualty, lockout, labor dispute, war, terrorist incident, governmental action, labor or material shortage, transportation delay, accident, breakage, strike, shortage of materials, act of God, or other cause beyond Landlord's reasonable control (excluding insufficiency of funds or inability to obtain financing or disbursement of loans) that prevents Landlord from performing its obligations hereunder. After the Commencement Date, and this Lease shall not become void or voidable. Prior to occupying the Leased Premiseswithin fifteen (15) days of Landlord's request, Tenant shall execute and deliver to Landlord a letter Commencement Date Certificate in the form attached as Schedule 47, acknowledging the Lease Commencement Date and certifying that the Improvements have Work has been substantially completed and that Tenant has examined and accepted the Leased Premises. If Tenant unjustifiably fails to deliver such letter, Tenant shall conclusively be deemed to have made such acknowledgment and certification by occupying the Leased Premises.

COMMENCEMENT OF POSSESSION. If the Leased Premises are not substantially completed by the scheduled Lease Commencement Date then the Lease Commencement Date shall be extended to a date five (5) 5 days after Landlord shall notify Tenant that the Leased Premises are ready for occupancy. In such an event the Lease Expiration Date shall be extended by one (1) full calendar month for each calendar month, or portion thereof, by which remain the Lease Commencement Date is so extendedsame. If Landlord fails to cause the Leased Premises to be ready for occupancy at the time of the scheduled Lease Commencement Date, Landlord and Landlord's agents, officers, employees, or contractors shall not be liable for any damage, loss, liability or expense caused thereby, and this Lease shall not become void or voidablevoidable unless such failure continues for more than 120 days, in which case Tenant may terminate this Lease upon 20 days written notice to Landlord. Prior to occupying the Leased Premises, Tenant shall execute and deliver to Landlord a letter in the form attached as Schedule 4SCHEDULE 7, acknowledging the Lease Commencement Date and certifying that the Improvements improvements have been substantially completed and that Tenant has examined and accepted the Leased Premises. Tenant shall list any items that do not conform with Schedule 6. If Tenant fails to deliver such letter, Tenant shall conclusively be deemed to have made such acknowledgment acknowledgement and certification by occupying the Leased Premises.