COMPLETION AND RENTAL COMMENCEMENT DATE Sample Clauses

COMPLETION AND RENTAL COMMENCEMENT DATE. The Term of the Lease applicable to the Additional Premises, and Tenant’s obligation for the payment of rent for the Additional Premises under the Amendment, shall commence on the “Additional Premises Commencement Date”, which shall be the earlier of: (i) the date on which the Tenant first conducts any business from all or part of the Additional Premises; or (ii) the date on which the Tenant Improvements have been substantially completed as determined by a certificate from Landlord’s architect (the earlier of which dates shall be deemed to be the date on which Landlord has tendered possession of the Additional Premises to Tenant under the Amendment); provided that, if there shall be a delay in substantial completion of the Tenant Improvements as a result of: (a) Tenant’s failure to approve any item or perform any other obligation in accordance with and by the date specified in the Work Schedule; (b) Tenant’s request for materials, finishes or installations other than those readily available, whether or not approved by Landlord or reflected in the Tenant Improvement Plans; (c) Tenant’s changes in the Tenant Improvement Plans after Tenant approves the Tenant Improvement Plans; (d) Tenant’s request to deviate from the Standards for the Building; or (e) Tenant’s failure to timely make any payment due from Tenant under this Work Letter Agreement or the Lease; then, as provided for in the Lease, the commencement of the Term shall be accelerated by the number of days of such delay. The Tenant Improvements shall be deemed substantially complete notwithstanding the fact that minor items of the Tenant Improvements (such as construction, mechanical adjustments, or decorations) which do not materially interfere with Tenant’s use of the Additional Premises remain to be performed (items normally referred to as “punch list” items), which items Landlord shall promptly complete or correct. This FIRST AMENDMENT TO AMENDED AND RESTATED OFFICE LEASE (this “Amendment”), dated as of April 20, 2005, is by and between AC-CATALINA LANDING LLC, a Delaware limited liability company (“Landlord”), and OMP, INC., a Delaware corporation, as successor-in-interest to Obagi Medical Products, Inc. (“Tenant”).

COMPLETION AND RENTAL COMMENCEMENT DATE. Each of the following shall be deemed a "Tenant Delay" for the purposes of establishing the Commencement Date of the Lease: (a) Tenant's failure to have Tenant's Working Drawings prepared by Tenant's architect by September 30, 2003 or Tenant's failure to timely (in accordance with this Agreement) approve the Working Drawings and Final Tenant Improvement Cost Itemization. (b) Tenant's request for new work involving Above-Allowance Work; or (c) modifications, revisions and changes to the Tenant Space Plan or Tenant Working Drawings requested by or on behalf of Tenant; or (d) changes in the work requested by or on behalf of Tenant or orders to halt or delay the work given by or on behalf of Tenant; or (e) any delay in the completion of the work caused by Tenant's contractors or materials suppliers; or (f) any other delay of any kind or nature caused by Tenant or its contractors, architects, space planners or other agents or employees. Unless in any of the above instances there is not a substantial or materially adverse delay or if the instance causes a time savings instead of a delay, then not deemed a "Tenant Delay". In the event that Landlord reasonably believes that a Tenant Delay has occurred which will result in the Commencement Date occurring more than six (6) months after the Estimated Delivery Date, then Landlord shall have the right, in addition to any other remedy provided for in the Lease, to terminate this Lease upon written notice to Tenant and thereafter both parties shall be relieved of all obligations under the Lease thereafter accruing.

COMPLETION AND RENTAL COMMENCEMENT DATE. The commencement of the term of this Lease and Tenant's obligation for the payment of rental under the Lease shall not commence until substantial completion of construction of the Tenant Improvements. However if there shall be a delay in substantial completion of the Tenant Improvements as a result of: (i) Tenant's failure to approve any item or perform any other obligation in accordance with and by the specified in the Work Schedule; (ii) Tenant's request for materials finishes or installations other than those readily available; or (iii) Tenant's changes in the Tenant Improvement Plans after their approval by Tenant; then commencement of the term of the Lease and the rental commencement date shall be accelerated by the number of days of such delay.

COMPLETION AND RENTAL COMMENCEMENT DATE. Notwithstanding anything to the contrary contained in the Lease, Xxxxxx's obligation for the payment of rental under the Lease shall not commence until Landlord has substantially completed the Tenant Improvements, subject only to the completion of punch list items. Substantial completion shall be as determined by issuance of a Temporary Certificate of Occupancy issued by the City of Alameda. If Landlord shall be delayed in substantially completing the Tenant Improvements as a result of: a. Tenant's changes to plans and specifications after approval thereof pursuant to Paragraph 4(c) above; b. Tenant's request for materials, finishes, or installations other than tenant standard improvements; c. Xxxxxx's request for changes in the Tenant Improvements after commencement of construction; d. Hindrance or disruption of the work of Xxxxxxxx's contractor resulting from Tenant Vendor's Work or any other reason under Xxxxxx's control; or e. Cessation or termination of work in the premises due to Tenant's failure to pay when due all amounts payable by Tenant pursuant to this Exhibit B; then the commencement date of Tenant's obligation for payment of rental shall be advanced by the number of days of such delay. All time periods referred to in this Exhibit B shall be computed on a calendar basis with no allowance for holidays or weekends.

COMPLETION AND RENTAL COMMENCEMENT DATE. When Landlord's Architect has furnished Landlord with a certificate that the work to be done by Landlord pursuant hereto has been substantially complete, Completion of the Premises shall be deemed to have occurred and possession thereof deemed delivered to Tenant for all purposes of the Lease including, without limitation, Paragraph 3 thereof. Landlord and Tenant understand that pursuant to Paragraph 3 of the Lease, Tenant's obligation to pay Rent thereunder shall not commence until Landlord's Architect has furnished such certificate; provided, however, that if Landlord shall be delayed in substantially completing said work as a result of:

COMPLETION AND RENTAL COMMENCEMENT DATE. (a) Lessor's Obligations. Upon obtaining all necessary governmental -------------------- approvals, Lessor shall commence construction of and diligently pursue the completion of the Tenant Improvements substantially in compliance with the Approved Plans and this Agreement, and in conformance with all conditions applicable to the Tenant Improvements which are necessary for lawful occupancy of the Premises.

COMPLETION AND RENTAL COMMENCEMENT DATE. The commencement of the Term of the Lease and Tenant's obligation for the payment of rent under the Lease shall commence as of the date referred to in Section 1g of the Lease provided, however, that if there shall be a delay in substantial completion of the Tenant Improvements as a result of: (a) Tenant's failure to approve any items or perform any other obligation in accordance with and by the date specified in the Work Schedule; (b) Tenant's request for materials, finishes or installations other than those readily available; (c) Tenant's changes in the Tenant Improvement Plans after the previous approval of the Tenant Improvement Plans by Tenant; or (d) Tenant's request to deviate from the Building Standards for the Tenant Improvements; then the commencement of the Term of the Lease and the rent commencement date shall be accelerated by the number of days of such delay. The Tenant Improvements shall be deemed substantially complete notwithstanding the fact that minor details of construction, mechanical adjustments or decorations which do not materially interfere with Tenant's use and enjoyment of the Premises remain to be performed (items normally referred to as "Punch List" items).

COMPLETION AND RENTAL COMMENCEMENT DATE. The commencement of the term of the Sixth Amendment and Tenant's obligation for the payment of rental under the Sixth Amendment shall not commence until the earlier of the following two dates: (i) the date upon which Tenant takes possession of the Fifth Expansion Lease Space, or (ii) the date upon which the Tenant Improvements have been substantially completed as determined by Landlord's architect, provided that, if there shall be a delay in substantial completion of the Tenant Improvements as a result of: a. Tenant's failure to approve any item or perform any other obligation in accordance with and by the date specified in the Work Schedule; b. Tenant's request for materials, finishes or installations other than those readily available; c. Tenant's changes in the Tenant Improvement Plans after the approval by Tenant; d. Tenant's request to deviate from the Standards for Tenant Improvements; then the commencement of the term of the Sixth Amendment and the rental commencement date shall be accelerated by the number of days of such delay. The Tenant Improvements shall be deemed substantially complete notwithstanding the fact that minor details of construction, mechanical adjustments or decorations which do not materially interfere with Tenant's use and enjoyment of the Fifth Expansion Lease Space remain to be performed (items normally referred to as "punch list" items).

COMPLETION AND RENTAL COMMENCEMENT DATE. It is agreed that, notwithstanding that date provided in the Lease for the commencement thereof, Tenant's obligation for the payment of rent under the Lease shall not commence until Landlord shall have substantially completed all work to be performed by Landlord as set forth in Section 3 hereof; provided, however, if Tenant's occupancy and use of the Premises shall be delayed as a result of: (1) Tenant's failure to comply with the provisions of Section 2; (2) Tenant's request for materials, finishes or installations of other than Landlord's standard; (3) Tenant's changes in the approved drawings; (4) the performance by a person, firm or corporation employed by the Tenant in the completion of said work; or (5) any other delay chargeable to Tenant, its agents, employees or independent contractors, then the commencement of the term of the Lease and the payment of rent thereunder shall commence notwithstanding any contrary provisions of the Lease, on the expressed commencement date as set forth in Section 2 of the Lease. Landlord further agrees that, regardless of whether the delay in completion of the Premises is caused by

COMPLETION AND RENTAL COMMENCEMENT DATE. 6.1. Tenant’s obligation to pay Rent under the Lease shall commence on the applicable date described in Paragraph 2 of the Lease. However: 6.2. Promptly after substantial completion of the Tenant Improvements, Landlord shall give notice to Tenant and Tenant shall conduct an inspection of the Premises with a representative of Landlord and develop with such representative of Landlord a punchlist of items of the Tenant Improvements that are not complete or that require corrections. Upon receipt of such punchlist, Landlord shall proceed diligently to remedy such items at Landlord’s cost and expense provided such items are part of the Tenant Improvements to be constructed by Landlord hereunder and are otherwise consistent with Landlord’s obligations under this Improvement Agreement and provided Tenant has fully paid Landlord for the cost of the Tenant Improvements exceeding the Tenant Improvement Allowance (with any dispute between Landlord and Tenant pertaining thereto to be resolved by the Space Planner or Landlord’s general contractor). Substantial completion shall not be delayed notwithstanding delivery of any such punchlist. 6.3. A default under this Improvement Agreement shall constitute a default under the Lease, and the parties shall be entitled to all rights and remedies under the Lease in the event of a default hereunder by the other party (notwithstanding that the Term thereof has not commenced).