Common use of COMPLETION AND RENTAL COMMENCEMENT DATE Clause in Contracts

COMPLETION AND RENTAL COMMENCEMENT DATE. 6.1 Tenant's obligation to pay Rent under the Lease shall commence on the Scheduled Term Commencement Date and the Scheduled Term Commencement Date shall be the Term Commencement Date notwithstanding anything to the contrary contained in the Basic Lease Information, provided that Landlord shall have provided Tenant with full access to the premises on such date. However, Landlord Delays (as defined below) shall extend the Term Commencement Date, but only in the event that substantial completion of the Tenant Improvements is delayed despite Tenant's reasonable efforts to adapt and compensate for such delays. In addition, no Landlord Delays shall be deemed to have occurred unless Tenant has provided notice, in compliance with the Lease, to Landlord specifying that a delay shall be deemed to have occurred because of actions, inactions or circumstances specified in the notice in reasonable detail. If such actions, inactions or circumstances are not cured by Landlord within one (1) business day after receipt of such notice ("COUNT DATE"), and if such actions, inaction or circumstances otherwise qualify as a Landlord Delay, then a Landlord Delay shall be deemed to have occurred commencing as of the Count Date. The Term Commencement Date shall be extended by one day for each day from the Count Date that a Landlord Delay has occurred, as calculated as provided above. The term "Landlord Delays," as such term may be used in this Improvement Agreement, shall mean any delays in the completion of the Tenant Improvements which are due to any act or omission of Landlord, its agents or contractors. Landlord Delays shall include, but shall not be limited to: (i) delays in the giving of authorizations or approvals by Landlord, (ii) delays due to the acts or failures to act, of Landlord, its agents or contractors, where such acts or failures to act delay the completion of the Tenant Improvements, provided that Tenant acts in a commercially reasonable manner to mitigate any such delay, (iii) delays due to the interference of Landlord, its agents or contractors with the completion of the Tenant Improvements or the failure or refusal of any party to permit Tenant, its agents and contractors, access to and use of the Building or any Building facilities or services, including elevators and loading docks, which access and use are necessary to complete the Tenant Improvements, and (iv) delays due to Landlord's failure to allow Tenant sufficient access to the Building and/or the Premises during Tenant's move into the Premises.

Appears in 2 contracts

Samples: Patent Rights Purchase Agreement, Lease Improvement Agreement (Gilead Sciences Inc)

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COMPLETION AND RENTAL COMMENCEMENT DATE. 6.1 7.1 Tenant's obligation to pay Rent under the Lease shall commence on the Scheduled Term Commencement Date and the Scheduled Term Commencement Date shall be the Term Commencement Date notwithstanding anything to the contrary contained in Paragraph 3 of the Basic Lease Information, provided that Landlord shall have provided Tenant with full access to the premises on such dateLease. However, Landlord Delays (as defined below) shall extend the Term Commencement Date, but only in the event that substantial completion of the Tenant Improvements is delayed despite Tenant's reasonable efforts to adapt and compensate for such delays. In addition, no Landlord Delays shall be deemed to have occurred unless Tenant has provided notice, in compliance with the Lease, to Landlord specifying that a delay shall be deemed to have occurred because of actions, inactions or circumstances specified in the notice in reasonable detail. If such actions, inactions or circumstances are not cured by Landlord within one (1) business day after receipt of such notice ("COUNT DATE"), and if such actions, inaction or circumstances otherwise qualify as a Landlord Delay, then a Landlord Delay shall be deemed to have occurred commencing as of the Count Date. The Term Commencement Date shall be extended by one day for each day from the Count Date that a Landlord Delay has occurred, as calculated as provided above. The term "Landlord Delays," as such term may be used in this Improvement Agreement, shall mean any delays in the completion of the Tenant Improvements which are due to any act or omission of Landlord, its agents or contractors. Landlord Delays shall include, but shall not be limited to: (i) delays in the giving of authorizations or approvals by Landlord, (ii) delays due to the acts or failures to act, of Landlord, its agents or contractors, where such acts or failures to act delay the completion of the Tenant Improvements, provided that Tenant acts in a commercially reasonable manner to mitigate any such delay, (iii) delays due to the interference of Landlord, its agents or contractors with the completion of the Tenant Improvements or the failure or refusal of any party to permit Tenant, its agents and contractors, access to and use of the Building or any Building facilities or services, including elevators and loading docks, which access and use are necessary to complete the Tenant Improvements, and (iv) delays due to Landlord's failure to allow Tenant sufficient access to the Building and/or the Premises during Tenant's move into the Premises.

Appears in 1 contract

Samples: Office Lease (Intraware Inc)

COMPLETION AND RENTAL COMMENCEMENT DATE. 6.1 The commencement of the Term of the Lease and Tenant's obligation to pay for the payment of Fixed Rent under the Lease shall commence on the Scheduled Term dates specified in the Lease. At any time after the Commencement Date and Date, the Scheduled Term Commencement Date Tenant Allowance shall be paid by Landlord (x) to Tenant to reimburse Tenant for amounts theretofore paid to Tenant's vendors, suppliers or contractors upon receipt of paid invoices, or (y) directly to Tenant's vendors, suppliers or contractors, promptly upon Landlord's receipt of invoices for the Term Commencement Date notwithstanding anything cost of the work delivered by Tenant to the contrary contained in the Basic Lease InformationLandlord for payment to such vendors, suppliers or contractors together with a letter (a "Direction of Payment Letter") authorizing and directing Landlord to pay such invoices, and, provided that whether Landlord shall reimburse Tenant pursuant to clause (x) or shall pay Tenant's vendors, suppliers or contractors pursuant to clause (y), Landlord shall have provided received (a) a certificate signed by Tenant with full access to the premises on such date. However, Landlord Delays (as defined below) shall extend the Term Commencement Date, but only in the event that substantial completion of the Tenant Improvements is delayed despite and Tenant's reasonable efforts to adapt and compensate for such delays. In addition, no Landlord Delays shall be deemed to have occurred unless Tenant has provided notice, in compliance with the Lease, to Landlord specifying that a delay shall be deemed to have occurred because of actions, inactions or circumstances specified in the notice in reasonable detail. If such actions, inactions or circumstances are not cured by Landlord within one (1) business day after receipt of such notice ("COUNT DATE"), and if such actions, inaction or circumstances otherwise qualify as a Landlord Delay, then a Landlord Delay shall be deemed to have occurred commencing as of the Count Date. The Term Commencement Date shall be extended by one day for each day from the Count Date that a Landlord Delay has occurred, as calculated as provided above. The term "Landlord Delays," as such term may be used in this Improvement Agreement, shall mean any delays in the completion of the Tenant Improvements which are due to any act or omission of Landlord, its agents or contractors. Landlord Delays shall include, but shall not be limited to: Architect setting forth (i) delays that the sum then requested was paid or is owed by Tenant and was or is due to contractors, subcontractors, materialmen, engineers and other persons who have rendered services or furnished materials in connection with work on the giving of authorizations or approvals by LandlordTenant Work, (ii) delays due a complete description of such services and materials and the amounts paid or to the acts or failures be paid to act, each of Landlord, its agents or contractors, where such acts or failures to act delay the completion of the Tenant Improvements, provided that Tenant acts persons in a commercially reasonable manner to mitigate any such delayrespect thereof, (iii) delays due to that the interference of Landlord, its agents or contractors work described in the certificate has been completed substantially in accordance with the completion of the Tenant Improvements or the failure or refusal of any party to permit Tenant, its agents and contractors, access to and use of the Building or any Building facilities or services, including elevators and loading docks, which access and use are necessary to complete the Tenant Improvements, Work Plans and (iv) delays due the amount of all previous payments made by Landlord hereunder with respect to Tenant Work and that no part of the sums being requested were part of a prior request for which payment was made, (b) paid receipts or such other proof of payment as Landlord shall reasonably require for all such work completed (other than that which is the subject of the then pending disbursement in the event Landlord is paying Tenant's vendors, suppliers or contractors directly) and (c) lien waivers satisfactory to Landlord executed by any contractors or subcontractors furnishing labor or supplying materials in connection with such work with respect to all portions thereof previously completed (other than that which is the subject of the then pending disbursement in the event Landlord is paying Tenant's vendors, suppliers or contractors directly). Landlord shall reimburse Tenant or pay such invoices on behalf of Tenant within thirty (30) days after Landlord's failure receipt of a written request for reimbursement from Tenant or Direction of Payment Letter and shall debit the Tenant Allowance therefor, provided further, however, that (x) Tenant shall not submit a request for reimbursement or a Direction of Payment Letter more than once per calendar month, (y) an amount equal to allow 10% of the Tenant sufficient access to the Building and/or the Premises during Tenant's move into the PremisesAllowance shall be held back by Landlord until Tenant has complied with all of its obligations.

Appears in 1 contract

Samples: Agreement of Lease (Corporate Office Properties Trust Inc)

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COMPLETION AND RENTAL COMMENCEMENT DATE. 6.1 Tenant7.1 Subtenant's obligation to pay Rent under the Lease Sublease shall commence on the Scheduled Term Commencement Date and the Scheduled Term Commencement Date shall be the Term Commencement Date notwithstanding anything to the contrary contained in the Basic Lease Information, provided that Landlord shall have provided Tenant with full access to the premises on such dateSublease. However, Landlord and Sublandlord Delays (as defined below) shall extend the Term Commencement Date, but only in the event that substantial completion of the Tenant Improvements is delayed despite TenantSubtenant's commercially reasonable efforts to adapt and compensate for such delays. In addition, no Landlord or Sublandlord Delays shall be deemed to have occurred unless Tenant Subtenant has provided notice, in compliance with the LeaseSublease, to Landlord and Sublandlord specifying that a delay shall be deemed to have occurred because of actions, inactions or circumstances specified in the notice in reasonable detail. If such actions, inactions or circumstances are not cured by Landlord or Sublandlord within one (1) business day after receipt of such notice ("COUNT DATE"), and if such actions, inaction or circumstances otherwise qualify as a Landlord or Sublandlord Delay, then a Landlord or Sublandlord Delay shall be deemed to have occurred commencing as of the Count Date. The Term Commencement Date shall be extended by one day for each day from the Count Date that a Landlord or Sublandlord Delay has occurred, as calculated as provided above. The term "Landlord or Sublandlord Delays," as such term may be used in this Improvement AgreementWork Letter, shall mean any delays in the completion of the Tenant Improvements which are due to any act or omission of LandlordLandlord or Sublandlord, its agents or contractors. Landlord or Sublandlord Delays shall include, but shall not be limited to: (i) delays in the giving of authorizations or approvals by LandlordLandlord or Sublandlord, (ii) delays due to the acts or failures to act, of LandlordLandlord or Sublandlord, its agents or contractors, where such acts or failures to act delay the completion of the Tenant Improvements, provided that Tenant Subtenant acts in a commercially reasonable manner to mitigate any such delay, (iii) delays due to the interference of LandlordLandlord or Sublandlord, its agents or contractors with the completion of the Tenant Improvements or the failure or refusal of any party to permit TenantSubtenant, its agents and contractors, access to and use of the Building or any Building facilities or services, including elevators and loading docks, which access and use are necessary to complete the Tenant Improvements, and (iv) delays due to Landlord's or Sublandlord's failure to allow Tenant Subtenant sufficient access to the Building and/or the Premises during TenantSubtenant's move into the Premises.

Appears in 1 contract

Samples: Sublease Agreement (Mp3 Com Inc)

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