Delivery of Possession of Premises. The Premises shall be conclusively deemed delivered to Tenant as soon as the initial work to be done by Landlord as set forth on the plan annexed hereto as Exhibit C hereto (“Landlord’s Work”) has been substantially completed by Landlord in the Premises or would have been so completed except for Tenant Delays, as hereinafter specified, and the elevator, plumbing, air conditioning and electric facilities are initially substantially available to Tenant in accordance with the obligations assumed by Landlord hereunder. For purposes of the foregoing, the Landlord’s work will be deemed “substantially complete” only when (i) Landlord’s architect certifies that Landlord’s Work has been completed in accordance with the specifications agreed to by the Landlord and Tenant (other than Punch List Items (as defined below), and (ii) the approval required for occupancy of the Premises shall be granted by the applicable authority of the City of Boston. Such facilities shall not be deemed to be unavailable if only minor or insubstantial details of construction, decoration or mechanical adjustments remain to be done or if such facilities are temporarily reduced or their availability temporarily delayed as a reasonable and necessary incident in connection with the opening of the Building. The Premises shall not be deemed to be unready for Tenant's occupancy or incomplete if only minor or insubstantial details of construction, decoration or mechanical adjustments (the “Punch List Items”) remain to be done in the Premises or any part thereof. If any delay in the availability of the Premises for occupancy is
(i) due to special work (beyond that of the type, quality and quantity specified in Exhibit C), changes, alterations or additions required or made by Tenant in the layout or finish of the Premises or any part thereof;
(ii) caused in whole or in part by Tenant through the delay of Tenant in submitting any plans and/or specifications, supplying information, approving plans, specifications or estimates, giving authorizations or otherwise; or
(iii) caused in whole or in part by other delays and/or defaults on the part of Tenant or its contractors (the matters in these subsections i, ii and iii being sometimes referred to as “Tenant Delays”) then the Rent Commencement Date be deemed to occur on the date the Premises would have been ready except for Tenant Delays; provided however, Landlord shall still be responsible for the substantial completion of the Landlord’s Work. If as her...
Delivery of Possession of Premises. (a) Subject to and in accordance with the terms and conditions of this Lease, Landlord shall, at its expense, commence and diligently prosecute to completion in a good and workmanlike manner in accordance with all applicable laws, rules, regulations, requirement, statutes, ordinances, by-laws and court decisions which are now or hereafter in force (the "Legal Requirements"): (i) the Building and other improvements associated therewith in accordance with Landlord's Plans and Specifications (as defined below); and (ii) all other improvements to be constructed on the Lot (including, without limitation, parking areas, roads, sidewalks, utility lines, lighting, fire safety systems and landscaping) necessary for the operation, use and maintenance of the Building for the purposes set forth herein. Landlord represents and warrants that to its knowledge as of the date hereof it has obtained all material federal, state and local permits and approvals necessary for the construction and operation of the Building except for a building permit and a conditional use permit under the Boston Zoning Code and (ii) once such a conditional use permit is obtained and no longer subject to appeal, the Use is permitted as of right under applicable zoning ordinances and under the Ground Lease.
(b) Following substantial completion of the Landlord's Work, Landlord shall cause its architect Add Inc. (the "Architect"), to measure the rentable floor area of the Building and the Premises in accordance with BOMA standards for a multi-tenant building, but in no event shall the loss factor in connection therewith exceed 12%, and to certify such area and the final usable floor area of the Building and Premises in writing to Landlord and Tenant and to furnish a copy of such certifications, along with sufficiently detailed back-up information include a breakdown of the architect's calculation and CAD Discs in a commercially standard format, to Tenant for confirmation by Xxxxxx and Xxxxxx's architect. If within ten (10) business days after Xxxxxx has received from Landlord such certifications and backup information Tenant has neither approved such certifications in writing or given written objection to the same stating the reasons therefor, then Landlord may give Tenant notice reminding Tenant that Xxxxxx has not approved or rejected the same and if within ten (10) business days thereafter Tenant still fails to act then the certifications shall be deemed confirmed and approved by Tenant. However...
Delivery of Possession of Premises. The term of this Lease shall commence and, unless sooner terminated as hereinafter provided, shall expire on the dates specified in Paragraph 2 for the commencement and expiration of the Agreed Initial Term.
Delivery of Possession of Premises. Lessor agrees to deliver possession of the leased premises to Lessee upon the effective date of this lease and, if said premises are at such date occupied by any person, whether under claim of right emanating from Lessor or otherwise, Lessor shall at its sole cost and expense remove any such person from the leased premises.
Delivery of Possession of Premises. Landlord shall cause all of the Premises to be delivered to Tenant for ( purposes of commencing the completion of the Tenant Work as soon as practicable, and the date of such delivery shall be referred to herein as the "Delivery Date". Tenant's rights and obligations hereunder with respect to the Premises, including, but not limited to, its obligations to pay the Base Rent, the Tax Adjustment and the Operating Expense Adjustment attributable to the Premises shall not commence until that date (the "Extended Rent Commencement Date") that is the earlier of (i) six (6) months after substantial completion of Tenant's Work, provided that if substantial completion of Tenant's Work does not occur within three (3) months after the Delivery Date solely as a result of Landlord Delay or Force Majeure delay, the occurrence of the Extended Rent Commencement Day will be postponed for one (1) day for each day completion of the Tenant Work has been delayed solely due to either a Landlord Delay or Force Majeure Delay and (ii) six (6) months after the date on which Tenant occupies any portion of the Premises for purposes of conducting its business operations. If the Delivery Date docs not occur on or before March 1, 2003, then Tenant shall have, as its sole remedy for Landlord's failure to deliver the Premises, the right to terminate this Lease provided written notice of Tenant's election to terminate is given to Landlord on or before March 15, 2003. Notwithstanding the foregoing provisions of this subparagraph 3(g), in the event the date of substantial completion of the Tenant Work occurs after December 16, 2002, but on or before February 28, 2003, then the Extended Rent Commencement Date shall be deemed to be that date which is the earlier of (i) six.(6) months after the date on which Tenant occupies any portion of the Premises for purposes of conducting its business operations and (ii) September 1, 2003.
Delivery of Possession of Premises. The Premises shall be treated as delivered hereunder upon the date on which Xxxxxxxx's architect or engineer shall give Tenant notice that the Landlord's Work has reached Substantial Completion, but in no event sooner than January 1, 1999.
Delivery of Possession of Premises. With the exception of "Landlord's Work" specifically set forth in this Lease, Landlord shall have no obligation to make any improvements or modifications to the Premises. Landlord shall cause the Premises to be improved in accordance with the terms, conditions, and agreement approved by both parties attached hereto as Exhibit "C" and incorporated herein by this reference ("Landlord's Work"). Landlord's Work shall be completed at the cost and expense of Landlord unless otherwise specified herein. Landlord's Work may be done with such minor variations as Landlord may reasonably determine to be appropriate, so long as such variations will not materially interfere with Tenant's intended use of the Premises, however, Tenant must approve the substitution of any materials or finishes. "
Delivery of Possession of Premises. Landlord represents that the base building systems, including fire, life safety, electrical, mechanical, and HVAC are in good working order as of the Effective Date of this Lease. On or before the Commencement Date, Landlord shall remove the existing bookcases from the Premises, but Landlord shall otherwise deliver possession of the Premises to Tenant in their present, "as is" condition as of the date of the execution of this Lease, broom clean and free of debris and any items of personalty of Landlord or any prior tenant, and Tenant hereby agrees to accept such delivery of the Premises by Landlord. Commencing on the Effective Date, Tenant shall have full access to the Premises to complete the Improvements, as defined hereinbelow. Unless specifically set forth in this Lease, Landlord shall have no obligation to make any improvements whatsoever to the Premises. Tenant, by taking possession of the Premises shall be deemed to have agreed that the Premises are then in the condition required by the terms of this Lease, subject to latent defects.
Delivery of Possession of Premises. Subject to Section 25.6, Landlord will deliver possession of the Premises to Tenant on the Commencement Date. Tenant may take physical possession of the Premises and Facility on the Commencement Date notwithstanding that Landlord has to obtain further orders from the prior tenant's bankruptcy court as provided for in Section 25.6. Landlord agrees to indemnify and hold harmless Tenant from any claim arising as the result of Tenant taking physical possession of the Premises and Facility prior to Landlord obtaining full rights to the Premises and the Facility.
Delivery of Possession of Premises. 3 4. Rental ............................................................
