Common use of Commencement of Rent Clause in Contracts

Commencement of Rent. Notwithstanding the date provided in the Lease for the commencement of the Term thereof, Tenant's obligation to pay rent under the Lease as to either floor of the Premises shall not commence until Landlord shall have substantially completed the Work on such floor; provided however, that if Landlord shall be delayed in substantially completing the Work as a result of any of the following (hereinafter "Tenant Delays"): (a) Tenant's failure to obtain Landlord's approval of the Final Plans in accordance with and on or before the deadlines set forth in Paragraph 1 hereof; or (b) Tenant's failure to advise Landlord by November 4, 2000 which improvements Tenant does not want demolished on the eighteenth (18th) floor; or (c) Tenant's changes in the Work (notwithstanding Landlord's approval of such changes); or (d) The performance or failure thereof by Tenant or any person, firm or entity employed by Tenant, or the completion or failure to complete any work of Tenant by said person, firm or entity; or (e) Tenant's failure to vacate the nineteenth (19th) floor (of which Tenant is currently in occupancy as of the date of this Lease pursuant to the Temporary Space Agreement described in the Lease in a timely and prompt manner following substantial completion of the Work on the eighteenth (18th) floor, to enable Landlord to promptly commence construction on the nineteenth (19th) floor; or (f) Tenant's failure to timely participate in the selection of the general contractor as set forth in Paragraph 2 hereof; or (g) Any fault of Tenant or its agents or representative; the payment of rent under the Lease shall not be affected or deferred on account of any such Tenant Delays. Substantial completion of the Work in the Premises shall mean completion of the Work with the exception of minor or insubstantial details of construction, mechanical adjustment or decoration, the incompletion of which will not unreasonably interfere with normal use and occupancy of the Premises by Tenant. Such minor or insubstantial details are hereinafter referred to as the "Punch List Items"; Landlord and Tenant will within five (5) business days after substantial completion of the Work confirm such date in writing and complete preparation of a written punchlist identifying such items, which Landlord shall cause to be completed within thirty (30) days thereafter or - if such items cannot through the use of diligent efforts be completed in such thirty (30) day period - then as promptly as reasonably possible thereafter. Upon substantial completion of the Work, Tenant shall accept the Premises, provided, however, that such acceptance shall not relieve Landlord of its obligation to promptly complete all Punch List Items.

Commencement of Rent. Notwithstanding the date provided in the Lease -------------------- for the commencement of the Term thereof, the Area A Commencement Date or the Area B Commencement Date shall be deferred and Tenant's obligation to pay rent under the Lease as with respect to either floor of Area A or Area B, as the Premises case may be, shall not commence until Landlord shall have substantially completed the Work on such floortherein; provided however, that if Landlord shall be delayed in substantially completing the Work as a result of any of the following (hereinafter "Tenant Delays"): (a) Tenant's failure to obtain LandlordXxxxxxxx's approval of the Final Plans in accordance with and on or before the deadlines set forth in Paragraph 1 hereof; or (b) Tenant's failure to advise Landlord by November 4, 2000 which improvements Tenant does not want demolished on the eighteenth (18th) floor; or (c) TenantXxxxxx's changes in the Work (notwithstanding Landlord's approval of such changes); or (c) Xxxxxx's failure to negotiate in good faith the contract with Xxxxx Construction; or (d) The performance or failure thereof by Tenant or any person, firm or entity employed by Tenant, or the completion or failure to complete any work of Tenant by said person, firm or entity; or (e) TenantThe failure of Tenant to pay the estimate of Landlord's failure to vacate the nineteenth (19th) floor (of which Tenant is currently Costs as provided in occupancy as of the date of this Lease pursuant to the Temporary Space Agreement described in the Lease in a timely and prompt manner following substantial completion of the Work on the eighteenth (18th) floor, to enable Landlord to promptly commence construction on the nineteenth (19th) floorParagraph 3 hereof; or (f) Tenant's failure to timely participate in the selection of the general contractor as set forth in Paragraph 2 hereof; or (g) Any fault of Tenant or its agents or representative; the applicable Commencement Date and the payment of rent under the Lease shall not be affected or deferred on account of any such Tenant Delays. Substantial completion Completion of the Work in the Premises shall mean completion of the Work with the exception of minor or insubstantial details of construction, mechanical adjustment or decoration, the incompletion of which will not unreasonably interfere with normal use and occupancy of the Premises by TenantTenant for normal business purposes. Such minor or insubstantial details are hereinafter referred to as the "Punch List Items"; Landlord and Tenant will within two (2) business days prior to Tenant's delivery and installation of its furniture systems as set forth in Paragraph 5 below, complete a written punchlist identifying such items, and within five (5) business days after substantial completion Substantial Completion of the Work confirm such date in writing and complete preparation of a second written punchlist identifying such items, which punchlist. Landlord shall thereafter cause the Punch List Items to be completed within thirty (30) days thereafter or - if such items cannot through the use of diligent efforts be completed in such thirty (30) day period - then as promptly as reasonably possible thereafterpossible. Landlord shall give Tenant fifteen (15) days prior written notice of the anticipated date of Substantial Completion. Upon substantial completion Substantial Completion of the Work, Tenant shall accept the PremisesPremises (subject to the Punch List Items and latent defects as set forth in Section 5.D of the Lease), provided, however, that such acceptance shall not relieve Landlord of its obligation to promptly complete all Punch List Items. The punchlist will be attached to the Term Commencement Memorandum described in Section 1 of the Lease. In addition to Substantial Completion of the Work, the Area A Commencement Date or the Area B Commencement Date, as the case may be, and Tenant's obligation to pay rent under the Lease with respect to Area A or Area B, shall be deferred until: (i) the Building's utility and life safety systems are fully operable; (ii) the HVAC system serving the Premises (other than any supplemental system installed by Tenant) are fully operational, tested and balanced; (iii) Tenant shall have access to all of the parking spaces described in Section 27.V of the Lease; and (iv) Landlord shall have tendered possession of the Premises to Tenant.

Commencement of Rent. Notwithstanding If Landlord's Contractor performs the date provided in Build-Out, the Lease for the commencement of the Term thereof, Commencement Date and Tenant's obligation to pay rent under in connection with the Lease as to either floor of the Premises Additional Space shall not commence until Landlord Landlord's Contractor shall have substantially completed the Work on such floorall Landlord's Work; provided provided, however, that if Landlord shall be delayed in substantially completing the such Landlord's Work as a result of any one or more of the following (hereinafter "Tenant Delays"):following: (a) Tenant's failure to obtain request for, or Landlord's approval or an Acceptable Contractor's performance of, Additional Work, and any time related thereto, notwithstanding Tenant's compliance with the time periods specified in Sections 1 and 2 of the Final Plans in accordance with this Exhibit B. and on whether or before the deadlines set forth in Paragraph 1 hereofnot any such Additional Work is actually performed; or (b) Tenant's failure to advise Landlord by November 4request for materials, 2000 which improvements finishes or installations requiring unusually long lead times, provided one of Landlord, Landlord's Contractor or Landlord's agents or employees has given Tenant does not want demolished on the eighteenth (18th) floornotice of such long lead time; or (c) Tenant's changes in the Work (notwithstanding Landlord's approval of such changes); or (d) The performance Any other act or failure thereof omission by Tenant or its agents; then and in any personsuch event, firm or entity employed by TenantLandlord shall cause the Landlord's Architect to certify the date on which the Landlord's Work would have been completed but for the delay resulting from one of the conditions described in 3(a)-(c) (the "Completion Dates), or and the completion or failure to complete any work of Tenant by said person, firm or entity; or (e) Commencement Date and Tenant's failure obligation to vacate the nineteenth (19th) floor (of which Tenant is currently in occupancy as of the date of this Lease pursuant to the Temporary Space Agreement described in the Lease in a timely and prompt manner following substantial completion of the Work on the eighteenth (18th) floor, to enable Landlord to promptly commence construction on the nineteenth (19th) floor; or (f) Tenant's failure to timely participate in the selection of the general contractor as set forth in Paragraph 2 hereof; or (g) Any fault of Tenant or its agents or representative; the payment of rent under in connection with the Lease Additional Space shall arise as of such date, and shall not otherwise be affected or deferred on account of such delay. As used herein, the term "substantial completion" or any such Tenant Delays. Substantial completion of the Work in the Premises similar term, shall mean completion of the Work with the exception of minor or insubstantial details of construction, mechanical adjustment or decoration, the incompletion of which will not unreasonably interfere with normal use and occupancy of the Premises by Tenant. Such minor or insubstantial details are hereinafter referred to as the "Punch List Items"; Landlord and Tenant will within five (5) business days after substantial completion of all of Landlord's Work in accordance with the Work confirm such date in writing and complete Architectural Plans, subject to the joint preparation of a written punchlist identifying such items, punch list by Tenant and Landlord specifying all items of Landlord's Work which have not been completed. Landlord shall use reasonable diligence to cause all items on the punch list to be completed within thirty (30) days thereafter or - if such items cannot through after Landlord and Tenant have agreed to the use of diligent efforts be completed in such thirty (30) day period - then as promptly as reasonably possible thereafter. Upon substantial completion contents of the Work, Tenant shall accept the Premises, provided, however, that such acceptance shall not relieve Landlord of its obligation to promptly complete all Punch List Itemspunch list.

Commencement of Rent. Notwithstanding the date provided in The Commencement Date of the Lease for the commencement of the Term thereof, shall not occur and Tenant's ’s obligation to pay rent Rent under the Lease as to either floor of the Premises shall not commence until Landlord shall have has substantially completed the Work on such floor; provided all of Landlord’s Work: provided, however, that if Landlord shall be is delayed in substantially completing the Landlord’s Work as a result of any one or more of the following (hereinafter "“Tenant Delays"Delay”): (a) Tenant's ’s failure to obtain Landlord's approval devote the time or furnish all or any of the Final information or approvals required under Section 2 of this Exhibit in connection with the Initial Plan or the Architectural Plans for Landlord’s Work, or to furnish the approvals or make the payments within the time periods specified in accordance with and on or before the deadlines set forth in Paragraph 1 hereofSection 3 of this Exhibit; or (b) Tenant's ’s failure to advise Landlord by November 4furnish Architectural Plans for any Additional Work, 2000 which improvements Tenant does not want demolished on or revisions thereto, as required hereby, or Tenant’s failure to approve cost estimates or make the eighteenth (18th) floorpayments for the Additional Work within the time periods specified in Section 5 of this Exhibit; or (c) Tenant's ’s request for materials, finishes or installations other than Building standard items; or (d) Tenant’s changes in the Landlord’s Work, in the Architectural Plans relaing thereto, or in the Architectural Plans for the Additional Work (notwithstanding Landlord's ’s approval of any such changes); or (de) The performance Any other act or failure thereof omission by Tenant or any personits employees, firm or entity employed by Tenantcontractors, or agents; then and in any such event, Landlord shall cause the completion or failure Architect to complete any work of Tenant by said person, firm or entity; or (e) Tenant's failure to vacate the nineteenth (19th) floor (of which Tenant is currently in occupancy as of certify the date of this Lease pursuant on which Landlord’s Work would have been completed but for any Tenant Delay, and the Commencement Date and Tenant’s obligation to the Temporary Space Agreement described in the Lease in a timely and prompt manner following substantial completion of the Work on the eighteenth (18th) floor, to enable Landlord to promptly commence construction on the nineteenth (19th) floor; or (f) Tenant's failure to timely participate in the selection of the general contractor as set forth in Paragraph 2 hereof; or (g) Any fault of Tenant or its agents or representative; the payment of rent pay Rent under the Lease shall occur and commence as of such date, and shall not otherwise be affected or deferred on account of any such Tenant Delaysdelay. Substantial completion of the Work in the Premises shall mean completion of the Work with the exception of minor or insubstantial details of construction, mechanical adjustment or decoration, the incompletion of which will not unreasonably interfere with normal use and occupancy of the Premises by Tenant. Such minor or insubstantial details are hereinafter referred to as the "Punch List Items"; Landlord and Tenant will within five (5) business days after substantial completion of the Work confirm such date in writing and complete preparation of a written punchlist identifying such items, which Landlord shall cause to be completed within thirty (30) days thereafter or - if such items cannot through the use of diligent efforts be completed in such thirty (30) day period - then as promptly as reasonably possible thereafter. Upon substantial completion of the WorkAdditionally, Tenant shall accept the Premises, provided, however, that such acceptance shall not relieve indemnify Landlord of its obligation against any additional cost in completing Landlord’s Work and other damages to promptly complete all Punch List Items.Landlord caused by any Tenant Delay

Commencement of Rent. Notwithstanding the date provided in The Commencement Date of the Lease for the commencement of the Term thereof, shall not occur and Tenant's obligation to pay rent under the Lease as to either floor of the Premises shall not commence until Landlord shall have has substantially completed the Work on such floorall of Landlord's Work; provided provide, however, that if Landlord shall be is delayed in substantially completing the Landlord's Work as a result of any one or more of the following (hereinafter "Tenant DelaysDelay"): (a) Tenant's failure to obtain devote the time or furnish the information or approvals required under Section 1 hereof in connection with the space plan or the Architectural Plans for Landlord's approval of the Final Plans in accordance with and on or before the deadlines set forth in Paragraph 1 hereofWork; or (b) Tenant's failure to advise Landlord by November 4furnish Architectural Plans for any Additional Work, 2000 which improvements Tenant does not want demolished on or revisions thereto, as required thereby, or Tenant's failure to approve cost estimates for the eighteenth (18th) floorAdditional work within the time period specified in Section 3 hereof; or (c) Tenant's request for materials, finishes or installations other than Building standard items; or (d) Tenant's changes in the Landlord's work, in the Architectural or Engineering Plans relating thereto, or in the Architectural or Engineering Plans for the Additional Work (notwithstanding Landlord's approval of any such changes); or (de) The performance Any other act or failure thereof omission by Tenant or any personits employees, firm or entity employed by Tenantcontractors, or agents; then and in any such event, Landlord shall cause the completion or failure Architect to complete certify the date on which Landlord's work would have been completed but for any work of Tenant by said personDelay, firm or entity; or (e) and the Commencement Date and Tenant's failure obligation to vacate the nineteenth (19th) floor (of which Tenant is currently in occupancy as of the date of this Lease pursuant to the Temporary Space Agreement described in the Lease in a timely and prompt manner following substantial completion of the Work on the eighteenth (18th) floor, to enable Landlord to promptly commence construction on the nineteenth (19th) floor; or (f) Tenant's failure to timely participate in the selection of the general contractor as set forth in Paragraph 2 hereof; or (g) Any fault of Tenant or its agents or representative; the payment of pay rent under the Lease shall occur and commence as of such date, and shall not otherwise be affected or deferred on account of any such Tenant Delays. Substantial completion of the Work in the Premises shall mean completion of the Work with the exception of minor or insubstantial details of construction, mechanical adjustment or decoration, the incompletion of which will not unreasonably interfere with normal use and occupancy of the Premises by Tenant. Such minor or insubstantial details are hereinafter referred to as the "Punch List Items"; Landlord and Tenant will within five (5) business days after substantial completion of the Work confirm such date in writing and complete preparation of a written punchlist identifying such items, which Landlord shall cause to be completed within thirty (30) days thereafter or - if such items cannot through the use of diligent efforts be completed in such thirty (30) day period - then as promptly as reasonably possible thereafter. Upon substantial completion of the Work, Tenant shall accept the Premises, provided, however, that such acceptance shall not relieve Landlord of its obligation to promptly complete all Punch List Itemsdelay.

Commencement of Rent. Notwithstanding the date provided in The Commencement Date of the Lease for the commencement of the Term thereof, Tenantshall not occur and Xxxxxx's obligation to pay rent under the Lease as to either floor of the Premises shall not commence until Landlord shall have has substantially completed the Work on such floorall of Landlord's work; provided provided, however, that if Landlord shall be landlord is delayed in substantially completing the Landlord's Work as a result of any one or more of the following (hereinafter "Tenant DelaysDelay"): (a) Tenant's failure to obtain devote the time or furnish the information or approvals required under Section 1 hereof in connection with the space plan or the Architectural Plans for Landlord's approval of the Final Plans in accordance with and on or before the deadlines set forth in Paragraph 1 hereofWork; or (b) Tenant's failure to advise Landlord by November 4furnish Architectural Plans for any Additional Work, 2000 which improvements Tenant does not want demolished on or revisions thereto, as required hereby, or Tenant's failure to approve cost estimates for the eighteenth (18th) floorAdditional Work within the time period specified in Section 2 hereof; or (c) Tenant's request for materials, finishes or installations other than Building standard items; or (d) Xxxxxx's changes in the Landlord's Work, in the Architectural or Engineering Plans relating thereto, or in the Architectural or Engineering Plans for the Additional Work (notwithstanding Landlord's approval of any such changes); or (de) The performance Any other act or failure thereof omission by Tenant or any personits employees, firm or entity employed by Tenantcontractors, or agents: then and in any such event, Landlord shall cause the completion or failure Architect to complete certify the date on which Xxxxxxxx's Work would have been completed but for any work of Tenant by said personDelay, firm or entity; or (e) and the Commencement Date and Tenant's failure obligation to vacate the nineteenth (19th) floor (of which Tenant is currently in occupancy as of the date of this Lease pursuant to the Temporary Space Agreement described in the Lease in a timely and prompt manner following substantial completion of the Work on the eighteenth (18th) floor, to enable Landlord to promptly commence construction on the nineteenth (19th) floor; or (f) Tenant's failure to timely participate in the selection of the general contractor as set forth in Paragraph 2 hereof; or (g) Any fault of Tenant or its agents or representative; the payment of pay rent under the Lease shall occur and commence as of such date, and shall not otherwise be affected or deferred on account of any such Tenant Delays. Substantial completion of the Work in the Premises shall mean completion of the Work with the exception of minor or insubstantial details of construction, mechanical adjustment or decoration, the incompletion of which will not unreasonably interfere with normal use and occupancy of the Premises by Tenant. Such minor or insubstantial details are hereinafter referred to as the "Punch List Items"; Landlord and Tenant will within five (5) business days after substantial completion of the Work confirm such date in writing and complete preparation of a written punchlist identifying such items, which Landlord shall cause to be completed within thirty (30) days thereafter or - if such items cannot through the use of diligent efforts be completed in such thirty (30) day period - then as promptly as reasonably possible thereafter. Upon substantial completion of the Work, Tenant shall accept the Premises, provided, however, that such acceptance shall not relieve Landlord of its obligation to promptly complete all Punch List Itemsdelay.

Commencement of Rent. Notwithstanding the date provided in the At Lease execution Tenant and Landlord recognized a Commencement Date which allowed for the commencement a reasonable amount of the Term thereof, Tenant's obligation to pay rent under the Lease as to either floor of the Premises shall not commence until Landlord shall have substantially completed the Work on such floor; provided however, that if Landlord shall be delayed in substantially completing the Work as a result of any of the following (hereinafter "Tenant Delays"): (a) Tenant's failure to obtain Landlord's approval of the Final Plans in accordance with and on or before the deadlines set forth in Paragraph 1 hereof; or (b) Tenant's failure to advise Landlord by November 4, 2000 which improvements Tenant does not want demolished on the eighteenth (18th) floor; or (c) Tenant's changes in the Work (notwithstanding Landlord's approval of such changes); or (d) The performance or failure thereof by Tenant or any person, firm or entity employed by Tenant, or the completion or failure time to complete any work of the Leasehold Improvements in order to provide Tenant by said person, firm or entity; or (e) Tenant's failure to vacate the nineteenth (19th) floor (of which Tenant is currently in occupancy as of the date of this Lease pursuant to the Temporary Space Agreement described in the Lease in a timely and prompt manner following substantial completion of the Work on the eighteenth (18th) floor, to enable Landlord to promptly commence construction on the nineteenth (19th) floor; or (f) Tenant's failure to timely participate in the selection of the general contractor as set forth in Paragraph 2 hereof; or (g) Any fault of Tenant or its agents or representative; the payment of rent under the Lease shall not be affected or deferred on account of any such Tenant Delays. Substantial completion of the Work in the Premises shall mean completion of the Work with the exception of minor or insubstantial details of construction, mechanical adjustment or decoration, the incompletion of which will not unreasonably interfere with normal use and occupancy of the Premises by the Commencement Date. Tenant's obligation for payment of Rent under this Lease shall commence on the Commencement Date, unless such date has been changed and acknowledged in writing by Landlord and Tenant. Landlord shall not be responsible for any delays caused by Tenant which result in delivery of possession of the Premises later than the Commencement Date nor shall the Commencement Date be modified for such delay. Such minor or insubstantial details delays include, but are hereinafter not limited to the following, all such delays being referred to as "TENANT DELAY": 1. Tenant's failure to comply with the "Punch List Items"; Landlord and Tenant will within five (5) business days after substantial procedures for completion of the Work confirm such date Leasehold Improvements outlined in writing this Exhibit on a timely basis; 2. Tenant's request for changes or modifications to the work after the development of the Approved Plan; 3. Late delivery of or inability to obtain materials required for Non-Building Standard improvements; 4. Building code problems related to Non-Building Standard design or construction; and 5. The performance of any work by any person or entity employed or retained by Tenant. EXHIBIT "B" TO LEASE SCHEDULE 1 SCHEDULE OF BUILDING STANDARD WORK RE: Fair Lakes IV The following shall constitute the general description and complete preparation minimum quality of a written punchlist identifying such itemsBuilding Standard Work, which Landlord are utilized in the construction of Leasehold Improvements by Tenant. Tenant, at its sole cost, shall cause to be completed within thirty (30) days thereafter or - if such items cannot through have the use of diligent efforts be completed in such thirty (30) day period - then as promptly as reasonably possible thereafter. Upon substantial completion right, after consultation with and reasonable approval of the WorkLandlord, Tenant shall accept the Premises, provided, however, that such acceptance shall not relieve Landlord of its obligation to promptly complete all Punch List Itemsmake reasonable substitutions for specific items described herein.