Common use of Delivery of Possession of Premises Clause in Contracts

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, if Tenant timely objects to such certifications, then the measurement of the Rentable Floor Area of the Building and Premises shall be made by an independent third party AIA certified architect chosen jointly by the Architect and Xxxxxx's architect and the costs of such third party architect shall be borne jointly by Landlord and Xxxxxx. Following agreement by the parties on the measurements so made or its determination by arbitration as set forth above, such measurements shall then be the "Rentable Floor Area of the Building" and "Rentable Floor Area of the Premises" and shall be substituted in the definition of "Rentable Floor Area of the Building" and "Rentable Floor Area of the Premises" as set forth in Section 1.2 of this Lease, and that determination of Rentable Floor Area of the Premises shall then be used in computing and determining the annual Fixed Rent payable during the original Lease Term (as set forth under the definition of annual Fixed Rent in Section 1.2 hereof), the Tenant Allowance (as set forth in Section 6.3A hereof) and the other provisions of this Lease involving the Rentable Floor Area of the Building or the Premises. In addition, Landlord and Xxxxxx shall promptly execute a written statement in recordable form setting forth the recomputed figures resulting from such determination. (c) Landlord shall not, without Tenant's prior written consent not to be unreasonably withheld or delayed, make any changes to Landlord's Work that would (i) cause a delay in the Target Date, (ii) reduce or otherwise materially adversely affect the nature, quality or capacity of the heating, ventilating, air-conditioning, plumbing, mechanical (including elevators), electrical, telephone, telecommunications and other utilities, services, systems and equipment serving the Premises, or (iii) require any substantial revision to Tenant's Approved Plans (as defined in Section 6.2 below) or otherwise materially affect the design of the Tenant's Work (as defined below). (d) The Premises shall be conclusively deemed delivered to Tenant as soon as the initial work to be done by Landlord as set forth in Exhibit C hereto (the "Landlord's Work or "Landlord Work") has been substantially completed by Landlord (as defined in Section 6.3B) or would have been so completed except for Tenant Delay. If any delay in such substantial completion is (i) due to any change in the Landlord's Work requested by Xxxxxx (a "Tenant Change Order"); or (ii) caused in whole or in part by another Tenant Delay then the Premises shall be deemed ready on the date the same would have been ready except for such delay caused by a Tenant Change Order or Tenant Delay. 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 Xxxxxxxx'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..

Delivery of Possession of Premises. (a) Subject to and Upon Sublandlord’s receipt of Landlord’s consent in accordance with Section 31, Sublandlord shall deliver the terms and conditions Premises to Subtenant in their “as is” condition. Sublandlord shall not be required to make for the benefit of Subtenant any improvements to or repairs of any kind or character in or to the Premises or the Building, subject to Section 8 of this Lease, Landlord shall, at its expense, commence and diligently prosecute Sublease. (b) All work necessary 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 (prepare 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 Premises for occupancy by Subtenant (including, without limitation, parking areasany telephone and data cabling and the installation of fixtures) (collectively, roadsthe “Subtenant’s Work”) shall be performed by Subtenant at its own expense, sidewalks, utility lines, lighting, fire safety systems and landscaping) necessary for subject to the operation, use and maintenance application 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 “Improvement Allowance” in accordance with BOMA standards (and as defined in) the Work Letter attached as Exhibit C to this Sublease. From and after Sublandlord’s delivery of the Premises, Subtenant shall be entitled to enter the Premises for a multi-tenant building, but in no event shall the loss factor in connection therewith exceed 12%sole purpose of completing the Subtenant’s Work, and to certify Subtenant covenants and agrees that 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 occupancy shall be deemed confirmed to be under all the provisions, terms, covenants, agreements, obligations and approved by Tenant. Howeverconditions of this Sublease, if Tenant timely objects including the obligation to such certifications, then maintain insurance in accordance with the measurement terms of the Rentable Floor Area of Sublease, but excluding the Building obligation to pay Rent, and Premises shall be made by an independent third party AIA certified architect chosen jointly by the Architect provided further that Subtenant does hereby agree to indemnify, defend and Xxxxxx's architect hold Sublandlord harmless from any and the costs of such third party architect shall be borne jointly by Landlord and Xxxxxx. Following agreement by the parties on the measurements so made all liability, loss or its determination by arbitration as set forth above, such measurements shall then be the "Rentable Floor Area of the Building" and "Rentable Floor Area of damage arising from any injury to the Premises" and shall be substituted in the definition of "Rentable Floor Area of the Building" and "Rentable Floor Area of the Premises" as set forth in Section 1.2 of this Lease, and that determination of Rentable Floor Area of the Premises shall then be used in computing and determining the annual Fixed Rent payable during the original Lease Term (as set forth under the definition of annual Fixed Rent in Section 1.2 hereof), the Tenant Allowance (as set forth in Section 6.3A hereof) and the other provisions of this Lease involving the Rentable Floor Area of the Building or the Premises. In additionproperty of Sublandlord, Landlord its contractors, subcontractors or materialmen, and Xxxxxx shall promptly execute a written statement in recordable form setting forth any death or personal injury to any person or persons arising out of Subtenant’s performance of the recomputed figures resulting from Subtenant’s Work, except to the extent any such determinationloss, damage, liability, death or personal injury was caused by Sublandlord’s negligence. (c) Landlord Notwithstanding the foregoing, if the Subtenant’s Work is completed prior to the Commencement Date, Subtenant shall notbe entitled to the full beneficial use and occupancy of the Premises during the period between the completion of Subtenant’s Work and the Commencement Date (the “Early Occupancy Period”), without Tenant's prior written consent not and Subtenant covenants and agrees that such occupancy shall be deemed to be unreasonably withheld or delayedunder all the provisions, make any changes terms, covenants, agreements, obligations and conditions of this Sublease, including the obligation to Landlord's Work maintain insurance in accordance with the terms of the Sublease, but excluding the obligation to pay Rent, except that would (i) cause a delay Subtenant shall pay to Sublandlord during the Early Occupancy Period, in lieu of Rent, an amount equal to $6,300 per month (the Target “Early Occupancy Payment”) until the Commencement Date, and (ii) reduce or otherwise materially adversely affect the natureEarly Occupancy Period shall not commence prior to August 1, quality or capacity 2011. Should the Early Occupancy Period not commence on the first day of the heatingmonth, ventilatingthen the first month’s Early Occupancy Payment shall be pro-rated accordingly. Each Early Occupancy Payment shall be payable in advance and without demand, air-conditioningnotice or offset, plumbing, mechanical on the first day of each calendar month during the Early Occupancy Period at such address as Sublandlord may from time to time designate in writing to Subtenant. Any Early Occupancy Payment not paid within five (including elevators), electrical, telephone, telecommunications and other utilities, services, systems and equipment serving the Premises, or (iii5) require any substantial revision to Tenant's Approved Plans (as defined in Section 6.2 below) or otherwise materially affect the design days of the Tenant's Work (as defined below). (d) The Premises due date thereof shall be conclusively deemed delivered subject to Tenant as soon as the initial work to be done by Landlord as set forth in Exhibit C hereto a late charge of five percent (the "Landlord's Work or "Landlord Work"5%) has been substantially completed by Landlord (as defined in Section 6.3B) or would have been so completed except for Tenant Delay. If any delay in of such substantial completion is (i) due to any change in the Landlord's Work requested by Xxxxxx (a "Tenant Change Order"); or (ii) caused in whole or in part by another Tenant Delay then the Premises shall be deemed ready on the date the same would have been ready except for such delay caused by a Tenant Change Order or Tenant Delay. 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 Xxxxxxxx'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..payment.

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 Tenant and XxxxxxTenant's architect. If within ten (10) business days after Xxxxxx Tenant 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 Tenant 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, if Tenant timely objects to such certifications, then the measurement of the Rentable Floor Area of the Building and Premises shall be made by an independent third party AIA certified architect chosen jointly by the Architect and XxxxxxTenant's architect and the costs of such third party architect shall be borne jointly by Landlord and XxxxxxTenant. Following agreement by the parties on the measurements so made or its determination by arbitration as set forth above, such measurements shall then be the "Rentable Floor Area of the Building" and "Rentable Floor Area of the Premises" and shall be substituted in the definition of "Rentable Floor Area of the Building" and "Rentable Floor Area of the Premises" as set forth in Section 1.2 of this Lease, and that determination of Rentable Floor Area of the Premises shall then be used in computing and determining the annual Fixed Rent payable during the original Lease Term (as set forth under the definition of annual Fixed Rent in Section 1.2 hereof), the Tenant Allowance (as set forth in Section 6.3A hereof) and the other provisions of this Lease involving the Rentable Floor Area of the Building or the Premises. In addition, Landlord and Xxxxxx Tenant shall promptly execute a written statement in recordable form setting forth the recomputed figures resulting from such determination. (c) Landlord shall not, without Tenant's prior written consent not to be unreasonably withheld or delayed, make any changes to Landlord's Work that would (i) cause a delay in the Target Date, (ii) reduce or otherwise materially adversely affect the nature, quality or capacity of the heating, ventilating, air-conditioning, plumbing, mechanical (including elevators), electrical, telephone, telecommunications and other utilities, services, systems and equipment serving the Premises, or (iii) require any substantial revision to Tenant's Approved Plans (as defined in Section 6.2 below) or otherwise materially affect the design of the Tenant's Work (as defined below). (d) The Premises shall be conclusively deemed delivered to Tenant as soon as the initial work to be done by Landlord as set forth in Exhibit C hereto (the "Landlord's Work or "Landlord Work") has been substantially completed by Landlord (as defined in Section 6.3B) or would have been so completed except for Tenant Delay. If any delay in such substantial completion is (i) due to any change in the Landlord's Work requested by Xxxxxx Tenant (a "Tenant Change Order"); or (ii) caused in whole or in part by another Tenant Delay then the Premises shall be deemed ready on the date the same would have been ready except for such delay caused by a Tenant Change Order or Tenant Delay. 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 XxxxxxxxLandlord'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..

Delivery of Possession of Premises. (a) Subject to and Upon Sublandlord’s receipt of Landlord’s consent in accordance with Section 31, Sublandlord shall deliver the terms and conditions Premises to Subtenant in their “as is” condition. Sublandlord shall not be required to make for the benefit of Subtenant any improvements to or repairs of any kind or character in or to the Premises or the Building, subject to Section 8 of this Lease, Landlord shall, at its expense, commence and diligently prosecute Sublease. (b) All work necessary 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 (prepare 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 Premises for occupancy by Subtenant (including, without limitation, parking areasany telephone and data cabling and the installation of fixtures) (collectively, roadsthe “Subtenant’s Work”) shall be performed by Subtenant at its own expense, sidewalks, utility lines, lighting, fire safety systems and landscaping) necessary for subject to the operation, use and maintenance application 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 “Improvement Allowance” in accordance with BOMA standards (and as defined in) the Work Letter attached as Exhibit C to this Sublease. From and after Sublandlord’s delivery of the Premises, Subtenant shall be entitled to enter the Premises for a multi-tenant building, but in no event shall the loss factor in connection therewith exceed 12%sole purpose of completing the Subtenant’s Work, and to certify Subtenant covenants and agrees that 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 occupancy shall be deemed confirmed to be under all the provisions, terms, covenants, agreements, obligations and approved by Tenant. Howeverconditions of this Sublease, if Tenant timely objects including the obligation to such certifications, then maintain insurance in accordance with the measurement terms of the Rentable Floor Area of Sublease, but excluding the Building obligation to pay Rent, and Premises shall be made by an independent third party AIA certified architect chosen jointly by the Architect provided further that Subtenant does hereby agree to indemnify, defend and Xxxxxx's architect hold Sublandlord harmless from any and the costs of such third party architect shall be borne jointly by Landlord and Xxxxxx. Following agreement by the parties on the measurements so made all liability, loss or its determination by arbitration as set forth above, such measurements shall then be the "Rentable Floor Area of the Building" and "Rentable Floor Area of damage arising from any injury to the Premises" and shall be substituted in the definition of "Rentable Floor Area of the Building" and "Rentable Floor Area of the Premises" as set forth in Section 1.2 of this Lease, and that determination of Rentable Floor Area of the Premises shall then be used in computing and determining the annual Fixed Rent payable during the original Lease Term (as set forth under the definition of annual Fixed Rent in Section 1.2 hereof), the Tenant Allowance (as set forth in Section 6.3A hereof) and the other provisions of this Lease involving the Rentable Floor Area of the Building or the Premises. In additionproperty of Sublandlord, Landlord its contractors, subcontractors or materialmen, and Xxxxxx shall promptly execute a written statement in recordable form setting forth any death or personal injury to any person or persons arising out of Subtenant’s performance of the recomputed figures resulting from Subtenant’s Work, except to the extent any such determinationloss, damage, liability, death or personal injury was caused by Sublandlord’s negligence. (c) Landlord Notwithstanding the foregoing, if the Subtenant’s Work is completed prior to the Commencement Date, Subtenant shall notbe entitled to the full beneficial use and occupancy of the Premises during the period between the completion of Subtenant’s Work and the Commencement Date (the “Early Occupancy Period”), without Tenant's prior written consent not and Subtenant covenants and agrees that such occupancy shall be deemed to be unreasonably withheld or delayedunder all the provisions, make any changes terms, covenants, agreements, obligations and conditions of this Sublease, including the obligation to Landlord's Work maintain insurance in accordance with the terms of the Sublease, but excluding the obligation to pay Rent, except that would (i) cause a delay Subtenant shall pay to Sublandlord during the Early Occupancy Period, in lieu of Rent, an amount equal to [REDACTED PORTION FILED SEPARATELY WITH SEC PURSUANT TO CONFIDENTIAL TREATMENT REQUEST] per month (the Target “Early Occupancy Payment”) until the Commencement Date, and (ii) reduce or otherwise materially adversely affect the natureEarly Occupancy Period shall not commence prior to August 1, quality or capacity 2011. Should the Early Occupancy Period not commence on the first day of the heatingmonth, ventilatingthen the first month’s Early Occupancy Payment shall be pro-rated accordingly. Each Early Occupancy Payment shall be payable in advance and without demand, air-conditioningnotice or offset, plumbing, mechanical on the first day of each calendar month during the Early Occupancy Period at such address as Sublandlord may from time to time designate in writing to Subtenant. Any Early Occupancy Payment not paid within five (including elevators), electrical, telephone, telecommunications and other utilities, services, systems and equipment serving the Premises, or (iii5) require any substantial revision to Tenant's Approved Plans (as defined in Section 6.2 below) or otherwise materially affect the design days of the Tenant's Work (as defined below). (d) The Premises due date thereof shall be conclusively deemed delivered subject to Tenant as soon as the initial work to be done by Landlord as set forth in Exhibit C hereto a late charge of five percent (the "Landlord's Work or "Landlord Work"5%) has been substantially completed by Landlord (as defined in Section 6.3B) or would have been so completed except for Tenant Delay. If any delay in of such substantial completion is (i) due to any change in the Landlord's Work requested by Xxxxxx (a "Tenant Change Order"); or (ii) caused in whole or in part by another Tenant Delay then the Premises shall be deemed ready on the date the same would have been ready except for such delay caused by a Tenant Change Order or Tenant Delay. 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 Xxxxxxxx'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..payment.