Common use of Delivery; Acceptance of Premises; Commencement Date Clause in Contracts

Delivery; Acceptance of Premises; Commencement Date. Landlord shall use reasonable efforts to deliver the Premises (“Delivery” or “Deliver”) for Tenant’s construction of the Tenant Improvements pursuant to the Work Letter in Tenant Improvement Work Readiness Condition on or before the Target Commencement Date. If Landlord fails to timely Deliver the Premises in Tenant Improvement Work Readiness Condition, except as set forth in the following sentence, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable. If Landlord does not Deliver the Premises within 90 days of the Target Commencement Date for any reason other than Force Majeure Delays and Tenant Delays, then Tenant shall be entitled to 1 day of abatement of Base Rent (calculated at the rate of the Base Rent for the first year of the Term) for each day of such delay after such 90-day period until Landlord Delivers the Premises in Tenant Improvement Work Readiness Condition. As used herein, the terms “Tenant Improvements,” “Tenant Improvement Work Readiness Condition” and “Tenant Delays” shall have the meanings set forth for such terms in the Work Letter.

Appears in 1 contract

Samples: Lease Agreement (Nurix Therapeutics, Inc.)

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Delivery; Acceptance of Premises; Commencement Date. Landlord shall use reasonable efforts to deliver the Premises to Tenant on or before the Target Commencement Date, with Landlord’s Work Substantially Completed (“Delivery” or “Deliver”) for Tenant’s construction of the Tenant Improvements pursuant to the Work Letter in Tenant Improvement Work Readiness Condition on or before the Target Commencement Date). If Landlord fails to timely Deliver the Premises in Tenant Improvement Work Readiness Condition, except as set forth in the following sentencePremises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidablevoidable except as provided herein. Notwithstanding the foregoing, Base Rent payable with respect to the entire Premises shall be abated 1 day for each day after the date that is 30 days after the Target Commencement Date (as such date may be extended for Force Majeure delays and Tenant Delays) that Landlord fails to Deliver the Premises to Tenant. If Landlord does not Deliver the Premises within 90 days of the Target Commencement Date for any reason other than Force Majeure Delays delays and Tenant Delays, then this Lease may be terminated by Tenant by written notice to Landlord, and if so terminated by Tenant: (a) the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant, and (b) neither Landlord nor Tenant shall be entitled have any further rights, duties or obligations under this Lease, except with respect to 1 day provisions which expressly survive termination of abatement of Base Rent (calculated at the rate of the Base Rent for the first year of the Term) for each day of such delay after such 90-day period until Landlord Delivers the Premises in Tenant Improvement Work Readiness Conditionthis Lease. As used herein, the terms “Tenant Improvements,” “Tenant Improvement Work Readiness Condition” and “Tenant Delays” shall have the meanings set forth for such terms in the Work Letter.the

Appears in 1 contract

Samples: Lease Agreement (OvaScience, Inc.)

Delivery; Acceptance of Premises; Commencement Date. Landlord shall use reasonable efforts to deliver the Premises to Tenant on or before the Target Commencement Date, with the Tenant Improvements in the Premises Substantially Completed (“Delivery” or “Deliver”) for Tenant’s construction of the Tenant Improvements pursuant to the Work Letter in Tenant Improvement Work Readiness Condition on or before the Target Commencement Date). If Landlord fails to timely Deliver the Premises in Tenant Improvement Work Readiness Condition, except as set forth in the following sentencePremises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidablevoidable except as provided herein. Notwithstanding anything to the contrary contained herein, if Landlord fails to Deliver the entirety of the Premises to Tenant within 60 days after the Target Commencement Date (as such date may be extended by Force Majeure (as defined in Section 34) and Tenant Delays, the “Abatement Date”), Base Rent payable with respect to any then un-delivered portion of the Premises shall be permanently abated 1 day for each day after the Abatement Date that Landlord fails to Deliver the remaining un-Delivered portion of the Premises to Tenant. If Landlord does not Deliver the entirety of the Premises within 90 180 days of the Target Commencement Date for any reason other than Force Majeure Delays delays and Tenant Delays, then this Lease may be terminated by Tenant shall be entitled to 1 day of abatement of Base Rent (calculated at the rate of the Base Rent for the first year of the Term) for each day of such delay after such 90-day period until Landlord Delivers the Premises in Tenant Improvement Work Readiness Condition. As used herein, the terms “Tenant Improvements,” “Tenant Improvement Work Readiness Condition” and “Tenant Delays” shall have the meanings set forth for such terms in the Work Letter.by written

Appears in 1 contract

Samples: Lease Agreement (Verve Therapeutics, Inc.)

Delivery; Acceptance of Premises; Commencement Date. Landlord shall use reasonable efforts to deliver the Premises to Tenant on or before the Target Commencement Date, which shall be free and clear of all tenants and occupants and their possessions, in Tenant Improvement Work Readiness Condition (“Delivery” or “Deliver”) for Tenant’s construction of the Tenant Improvements pursuant to under the Work Letter in Tenant Improvement Work Readiness Condition on or before the Target Commencement DateLetter. If Landlord fails to timely Deliver the Premises in Tenant Improvement Work Readiness Condition, except as set forth in the following sentencePremises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidablevoidable except as provided herein. Notwithstanding anything to the contrary contained herein, if Landlord fails to Deliver the Premises to Tenant within 30 days after the Target Commencement Date (as such date may be extended by Force Majeure delays and Tenant Delays, the “Abatement Date”), Base Rent payable with respect to the Premises shall be abated 1 day for each day after the Abatement Date that Landlord fails to Deliver the Premises to Tenant (such abatement to commence on the Rent Commencement Date). If Landlord does not Deliver the Premises within 90 days of the Target Commencement Date for any reason other than Force Majeure Delays and Tenant Delays, then Tenant shall be entitled to 1 day of abatement of Base Rent (calculated at the rate of the Base Rent for the first year of the Term) for each day of such delay after such 90-day period until Landlord Delivers the Premises in Tenant Improvement Work Readiness Condition. As used herein, the terms “Tenant Improvements,” “Tenant Improvement Work Readiness Condition” and “Tenant Delays” shall have the meanings set forth for such terms in the Work Letter.not

Appears in 1 contract

Samples: Lease (Intellia Therapeutics, Inc.)

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Delivery; Acceptance of Premises; Commencement Date. Landlord shall use reasonable efforts to deliver the Premises to Tenant on or before the Target Commencement Date, with Xxxxxxxx’s Work Substantially Completed (“Delivery” or “Deliver”) for Tenant’s construction of the Tenant Improvements pursuant to the Work Letter in Tenant Improvement Work Readiness Condition on or before the Target Commencement Date). If Landlord fails to timely Deliver the Premises in Tenant Improvement Work Readiness Condition, except as set forth in the following sentencePremises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidablevoidable except as provided herein. If Notwithstanding anything to the contrary contained herein, if Landlord does not fails to Deliver the Premises within 90 to Tenant (i) on or before the date that is 60 days of after the Target Commencement Date (as such date may be extended for any reason other than Force Majeure Delays delays and Tenant Delays) (“Initial Abatement Date”), then Tenant Base Rent shall be entitled to abated 1 day of abatement of Base Rent (calculated at the rate of the Base Rent for the first year of the Term) for each day of after the Initial Abatement Date (as such delay after such 90-day period until date may be extended for Force Majeure delays and Tenant Delays) that Landlord Delivers fails to Deliver the Premises in Tenant Improvement Work Readiness Condition. As used hereinto Tenant, and (ii) on or before the terms “Tenant Improvements,” “Tenant Improvement Work Readiness Condition” date that is 90 days after the Target Commencement Date (as such date may be extended for Force Majeure delays and Tenant Delays) (“Second Abatement Date”), Base Rent shall have be abated 2 days for each day after the meanings set forth for Second Abatement Date (as such terms in the Work Letter.date may be Multi-Tenant Laboratory One Xxxxxxx Square/Korro – Page 3

Appears in 1 contract

Samples: Lease Agreement (Frequency Therapeutics, Inc.)

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