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. 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 date 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 a. Notwithstanding the Target Commencement Date of the Lease, Lessee's obligation for the payment of rent under the Lease shall not commence until the Demised Premises are Ready for Occupancy; provided, if Lessor is delayed in substantially completing the Work as a result of delays caused by Lessee, then Lessee's obligation to pay rent under the Lease shall commence on the date the Tenant Improvements would have been Ready for Occupancy except for the delays caused by Lessee as reasonably determined by Lessor and the Contractor.
b. For purposes of this Workletter, the phrase "delays caused by Lessee" means any delay that Lessor may encounter in performance of the Work as a result of (i) delays resulting from changes in or additions to the approved Plans and Specifications or the Tenant Improvements which are requested by Lessee; (ii) delays by Lessee in the submission of information (including the Plans and Specifications) required of Lessee pursuant to this Workletter, or the giving of authorizations or approvals within any time limits set forth in this Workletter; (iii) delays due to the postponement of any of the Work at the request of Lessee; or (iv) delays otherwise attributable to the acts or omissions of Lessee or its employees, agents or contractors.
COMPLETION AND RENTAL COMMENCEMENT DATE. Tenant's obligation for the payment of rent pursuant to the Lease will commence on the Commencement Date as set forth in the Lease; however, such payment of rent may be delayed in the event the substantial completion of the leasehold improvements is delayed by Landlord's actions. If, however, Tenant's occupancy and use of the Premises are delayed as a result of:
(a) Tenant's failure to timely supply information necessary to complete the Tenant Working Drawings (or revisions to such drawings), or to timely review the Tenant Working Drawings (or revisions to such drawings); or
(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 other delay of any kind or nature caused by Tenant or its contractors, architects, space planners or other agents or employees, then the Commencement Date of the Lease shall be shortened for each calendar day of delay caused by Tenant and the Commencement Date shall be the date the Leasehold Improvements would have been substantially completed (as defined in paragraph 3 of the Lease) had a Tenant delay not occurred. Completion of the ATM installation shall not be a condition to the commencement of the term of this Lease.
COMPLETION AND RENTAL COMMENCEMENT DATE. The commencement of the Term of the Fourth Lease Amendment and Tenant’s obligation for the payment of rent under the Lease shall commence as of the later of the date of substantial completion of the Tenant Improvements and the date referred to in Section 3 of the Fourth Lease Amendment 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 hereunder;
(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 Fourth Lease Amendment and the rent commencement date shall be accelerated by the number of days of such delay but not earlier than March 1, 2004. 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. (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. 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. 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. Notwithstanding anything to the --------------------------------------- contrary contained in the Lease, Tenant's obligation for the payment of Base Monthly Rent and Additional Rent under the Lease shall commence two (2) weeks after Tenant receives notice from Landlord that it has substantially completed the Renovation Improvements, subject only to the completion of punch list items as determined by Landlord and Tenant, and the City of Alameda has issued a temporary Certificate of Occupancy which permits Tenant to legally occupy that portion of the Premises and to commence the operation of its business thereon. If Landlord shall be delayed in substantially completing any portion of the Renovation Improvements as a result of:
a. Tenant's failure to comply with the schedule set forth in Paragraph 6 above;
b. Tenant's changes to drawings and specifications after approval thereof pursuant to Paragraph 3(c) above;
c. Changes in the Renovation Improvements at Tenant's request after commencement of construction in the amount of time of delay specified in the change order approved by Tenant;
COMPLETION AND RENTAL COMMENCEMENT DATE. The commencement of the term of the Lease and Tenant's obligation for the payment of rental under the Lease shall ---------------------------------- ---------------------------------------- commence at the time provided in Section 1.g of the Lease.
