Common use of Delivery of Possession of Premises Clause in Contracts

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 hereinabove provided the Premises are so deemed ready for Tenant's occupancy prior to the time they are actually ready for Tenant's occupancy, Tenant shall not (except with Lxxxxxxx's consent) be entitled to take possession of the Premises for use as set forth herein until the Premises are in fact actually ready for such occupancy, notwithstanding the fact because the Premises shall have as above stated been deemed ready for such occupancy that the term hereof shall on that account have commenced. Any of Landlord's work in the Premises not fully completed on the commencement date of the term hereof shall thereafter be so completed with reasonable diligence by Landlord.

Delivery of Possession of Premises. The Landlord shall construct or install in the Premises Landlord’s Work and the Tenant Improvements, as defined in and to be constructed or installed pursuant to the provisions of the Work Letter which is attached hereto as Exhibit B (the “Work Letter”). Landlord and Tenant agree to comply with all of the terms and provisions of the Work Letter. Landlord’s Work may be done with such minor variations as Landlord may deem advisable, so long as such variations will not interfere with Tenant’s intended use and operations of the Premises. Other than Landlord’s Work and the Tenant Improvements specifically set forth in this Lease, Landlord shall have no obligation to make any initial improvements or modifications to the Premises. Tenant, by taking possession of the Phase One Premises and Phase Two Premises on their respective commencement dates, shall be conclusively deemed delivered to Tenant as soon as have agreed that the initial work respective portions of the Premises are then in a satisfactory order, repair and condition, except for construction latent defects disclosed to be done by Landlord within one (1) year of the respective Commencement Date or which are otherwise Landlord’s responsibility under Article 10 herein and except for other latent defects disclosed to Landlord within the applicable warranty period, and as set forth on the plan annexed hereto as Exhibit C hereto (“Landlord’s Work”) has been substantially completed a list prepared 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)prior to Tenant’s occupancy for its operations, 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 hereinabove provided the Premises are so deemed ready for Tenant's occupancy prior to the time they are actually ready for Tenant's occupancy, Tenant shall not (except with Lxxxxxxx's consent) be entitled to take possession provide Landlord, upon request, a written acknowledgment of the Premises for use acceptance as set forth herein until the Premises are in fact actually ready for such occupancy, notwithstanding the fact because the Premises shall have as above stated been deemed ready for such occupancy that the term hereof shall on that account have commenced. Any of Landlord's work in the Premises not fully completed on the commencement date of the term hereof shall thereafter be so completed with reasonable diligence by Landlordaforesaid.